[2015] KEHC 2628 (KLR)
The court found that the statutory period for objections had lapsed without any challenge to the grant. The beneficiaries, including those who surrendered their entitlement, had consented to the proposed distribution of the estate. The administrator complied with the requirements for confirmation of grant under...
Source-derived case information.
- Citation
- [2015] KEHC 2628 (KLR)
- Parties
- Applicant: Fadriano Walalo Oloo; Respondent: Rose Akola Timbula; Respondent: Catherine Auma Ongove
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 843 of 2012
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed; distribution of estate ordered as per consent and distribution form
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fadriano Walalo Oloo
Applicant
Rose Akola Timbula
Respondent
Catherine Auma Ongove
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed under section 71 of the Law of Succession Act.
- 2 Whether the consent on distribution of the estate among the beneficiaries is valid and enforceable.
Ratio Decidendi
The court found that the statutory period for objections had lapsed without any challenge to the grant. The beneficiaries, including those who surrendered their entitlement, had consented to the proposed distribution of the estate. The administrator complied with the requirements for confirmation of grant under section 71 of the Law of Succession Act. The court was satisfied that the consent on distribution was valid and that the beneficiaries were entitled to be registered as owners of their respective shares in the specified land parcel. Accordingly, the grant was confirmed and the distribution ordered as per the filed consent and distribution form.
Court Disposition
grant confirmed; distribution of estate ordered as per consent and distribution form
Orders
- The grant of letters of administration intestate is confirmed under section 71 of the Law of Succession Act.
- The beneficiaries as set out in the consent on distribution are entitled to be registered as owners of their respective shares in land parcel No. South Kabras/Shemberere/1171.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 843 OF 2012
IN THE MATTER OF THE ESTATE OF OLOO ODUNGA alias OLOO NDUNGA (DECEASED)
RULING
Upon perusal of the grant of letters of administration intestate, I note that they were granted by this court (Chitembwe, J) on 8th November, 2012 to Fadriano Walalo Oloo, the applicant.
Furthermore, the summons for confirmation of the grant of administration intestate were taken out and filed in this court on 18th July, 2015. Since the grant of letters of administration on 8th November, 2012, it is well over six months, no challenge or objection has been filed in this court.
According to the affidavit in support of the summons for confirmation of grant of administration intestate, the beneficiaries of the Estate of Oloo Odunga alias Oloo Ndunga were as follows:
Juma Oloo
Pitalisi Odipo Oloo
Odunga Oloo Silivanus
Fadriano Walalo Oloo
Prasidis Ahiambo Okumu
Joseph Omudho Okumu
Catherine Aoko
Rose Agola
Two of those beneficiaries namely Rose Akola Timbula and Catherine Auma Ongove have filed in this court sworn affidavits in which they have surrendered their entitlement as beneficiaries in the Estate of the deceased. As a result, the administrator has filed a consent regarding the distribution of the Estate of the late Oloo Odunga alias Oloo Ndunga. The shares of those beneficiaries are set out in the distribution form filed in this court on 16th July, 2015.
I find that the beneficiaries are set out in the consent on distribution is valid. And for that reason, those beneficiaries are entitled to be registered as owners of their respective shares in respect of land parcel No. South Kabras/Shemberere/1171.
In the circumstances, I hereby confirm the said grant under section 71 of the Law of Succession Act (Cap 160) Laws of Kenya.
RULING DATED, SIGNED and DELIVERED at KAKAMEGA this 24th day of JULY, 2015
J.M. BWONWONGA
JUDGE
24. 07. 15