[2024] KEHC 2395 (KLR)
The court found that the applicant had rectified the earlier misdescription of his relationship to the deceased by obtaining a new letter of introduction from the Chief and a Gazette Notice, both correctly identifying him as the grandson of the deceased. There being no objection to the making of the grant and the...
Source-derived case information.
- Citation
- [2024] KEHC 2395 (KLR)
- Parties
- Applicant: Thomas Ochieng' Omer; Respondent: Onyando Omer (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E007 of 2023
- Procedural Posture
- Succession Cause / Ruling on Application for Grant of Letters of Administration Intestate
- Outcome
- Application for grant of letters of administration intestate allowed; file transferred to Chief Magistrate's Court for confirmation and distribution.
- Judges
- RE Aburili
- Legal Topics
- Grant of Letters of Administration, Rectification of Petition, Description of Beneficiaries, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Ochieng' Omer
Applicant
Onyando Omer (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Grant of Letters of Administration Intestate
Legal Issues
- 1 Whether the applicant is properly described as a beneficiary entitled to a grant of letters of administration intestate.
- 2 Whether the rectification of the applicant's relationship to the deceased satisfies the requirements for issuance of the grant.
- 3 Whether the matter should be transferred to the Chief Magistrate's Court for confirmation and distribution of the estate.
Ratio Decidendi
The court found that the applicant had rectified the earlier misdescription of his relationship to the deceased by obtaining a new letter of introduction from the Chief and a Gazette Notice, both correctly identifying him as the grandson of the deceased. There being no objection to the making of the grant and the statutory period of 60 days having lapsed since gazettement, the court allowed the application and issued a grant of letters of administration intestate to the applicant. The court further observed that there was no evidence that the estate exceeded twenty million Kenya Shillings in value, and therefore ordered the transfer of the file to the Chief Magistrate's Court for...
Court Disposition
Application for grant of letters of administration intestate allowed; file transferred to Chief Magistrate's Court for confirmation and distribution.
Orders
- Grant of letters of administration intestate issued to Thomas Ochieng' Omer.
- Upon signing of the grant, the file to be transferred to the Chief Magistrate's Court at Kisumu for hearing on confirmation/distribution of the estate.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Onyando Omer (Deceased) (Succession Cause E007 of 2023) [2024] KEHC 2395 (KLR) (6 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2395 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E007 of 2023
RE Aburili, J
March 6, 2024
IN THE MATTER OF THE ESTATE OF ONYANDO OMER (DECEASED) AND IN THE MATTER OF APPLICATION BY THOMAS OCHIENG’ OMER – APPLICANT
Ruling
1. On 5th July 2023, Hon. M. S. Shariff J. of High Court 2 declined to issue a grant on account that the Petitioner and beneficiaries as listed described themselves as sons of the deceased Onyando Omer, instead of grandsons.
2. The learned Judge is indisposed and away this week. The matter has come to me as duty Judge and it is now clear that the Petitioner has rectified that position by obtaining a fresh letter of introduction from the Chief dated 31st October 2023 and the Gazette Notice dated 26th January 2024 vide Volume CXXVI No. 10 shows that the Petitioner is now as gazetted, described as grandson of the deceased.
3. As there is no objection to making of grant and 60 days have since lapsed from 26th January 2024, I hereby allow the application dated 4th March 2024 and issue grant of letters of administration intestate to the Petitioner Thomas Ochieng Omer to administer the estate of the late Onyando Omer.
4. Having done so, I observe that there is no evidence that the two listed parcels of land of the estate exceed twenty million Kenya Shillings.
5. For the above reasons, I hereby order that upon signing of the grant, this file be transferred to the Chief Magistrate’s Court at Kisumu for purposes of hearing on confirmation/distribution of the estate.
6. The Petitioner shall file summons for confirmation of grant within six (6) months of today before the Chief Magistrate’s Court, listing all the assets of the estate and identifying all beneficiaries of the estate and their respective shares in the estate.
7. This file is accordingly closed. The petitioner’s counsel to be notified of this ruling.
8. Ruling to be typed.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MARCH, 2024R. E. ABURILIJUDGE