[2023] KEHC 20595 (KLR)
The court found that, in the absence of any formal protest or affidavit challenging the proposed distribution, and despite being given ample opportunity to do so, those opposed to the application failed to provide evidence or file the necessary documents. The only evidence before the court was that provided in the...
Source-derived case information.
- Citation
- [2023] KEHC 20595 (KLR)
- Parties
- Applicant: Rose Andeso; Respondent: William Olum; Respondent: James Owenga; Respondent: Jessica Asami; Applicant: Administrators (unnamed)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 306 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; grant confirmed as proposed.
- Judges
- WM Musyoka
- Legal Topics
- Confirmation of Grant, Intestate Succession, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Andeso
Applicant
William Olum
Respondent
James Owenga
Respondent
Jessica Asami
Respondent
Administrators (unnamed)
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation should be confirmed as proposed in the application.
- 2 Whether there is sufficient evidence to support any objection to the proposed distribution of the estate.
Ratio Decidendi
The court found that, in the absence of any formal protest or affidavit challenging the proposed distribution, and despite being given ample opportunity to do so, those opposed to the application failed to provide evidence or file the necessary documents. The only evidence before the court was that provided in the application for confirmation of grant. The court therefore had no option but to approve the distribution as proposed, confirming the grant and ordering the estate to devolve accordingly.
Court Disposition
Application for confirmation of grant allowed; grant confirmed as proposed.
Orders
- The application dated February 24, 2022 is allowed.
- The grant is confirmed.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Olumu Owori (Deceased) (Succession Cause 306 of 2008) [2023] KEHC 20595 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20595 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 306 of 2008
WM Musyoka, J
July 21, 2023
IN THE MATTER OF THE ESTATE OF OLUMU OWORI (DECEASED)
Ruling
1. I am tasked with determining a summons for confirmation of grant, dated February 4, 2022. In the affidavit in support of the application, it is disclosed that the deceased was survived by 3 individuals, a son and 2 grandsons.
2. The application is not opposed, for no affidavit of protest has been filed. When the matter came up on May 19, 2022, William Olum indicated that he did not agree with the proposals made, and I gave him time to file a protest. He did not.
3. The matter then came up on July 21, 2022, Rose Andeso attended court, and indicated that William Olum was her brother. I allocated more time for filing of a protest. Neither Rose Andeso nor William Olum file one.
4. There is a letter from the Assistant Chief of Khushiku Sub-Location, dated February 7, 2023, stating that the deceased had 3 wives. On 8th February 2023, Rose Andeso informed me, from the Bar, that the deceased had 4 wives. However, no affidavits have been filed to that effect. I only have what is disclosed in the application.
5. In the absence of any other evidence, and seeing that those opposed have shied away from filing protests, despite being given time to do so, I have no option, but to approve the distribution proposed.
6. Consequently, I do allow the application, dated February 24, 2022. The grant is confirmed. Estate to devolve as proposed. Certificate of confirmation of grant to issue accordingly. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 21STDAY OF JULY 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMr. Athung’a, instructed by Athung’a & Company, Advocates for the administrators.Rose AndesoWilliam OlumJames OwengaJessica Asami