[2024] KEHC 101 (KLR)
The court held that the applicant lacked the legal standing to seek redistribution of the late Nyerere Ambala's share in the estate of Aggrey Otieno Ambala Senior because he did not hold a grant of letters of administration intestate for Nyerere Ambala's estate. Furthermore, the court found that even if the...
Source-derived case information.
- Citation
- [2024] KEHC 101 (KLR)
- Parties
- Applicant: Odhiambo Ambala; Respondent: Walter Ambala; Respondent: Alfred Jacob Ambala; Respondent: Ogolla Kodhek
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 68 of 1986
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application to Rectify Grant
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Beneficiary Rights, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odhiambo Ambala
Applicant
Walter Ambala
Respondent
Alfred Jacob Ambala
Respondent
Ogolla Kodhek
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application to Rectify Grant
Legal Issues
- 1 Whether the applicant, without a grant of letters of administration intestate for the estate of the late Nyerere Ambala, can seek redistribution of the deceased's share in the estate of Aggrey Otieno Ambala Senior.
- 2 Whether the share of the late Nyerere Ambala in the estate can be redistributed to the applicant and his surviving brother without considering the interests of other deceased siblings' houses.
Ratio Decidendi
The court held that the applicant lacked the legal standing to seek redistribution of the late Nyerere Ambala's share in the estate of Aggrey Otieno Ambala Senior because he did not hold a grant of letters of administration intestate for Nyerere Ambala's estate. Furthermore, the court found that even if the application were properly before it, the interests of other deceased siblings' houses would have to be considered in any redistribution. The application was therefore not merited and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 22nd December 2023 is dismissed with no orders as to costs.
- The file is closed and can only be reopened via a miscellaneous succession cause.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Otieno Aggrey Ambala (Deceased) (Miscellaneous Succession Cause 68 of 1986) [2024] KEHC 101 (KLR) (16 January 2024) (Ruling)
Neutral citation: [2024] KEHC 101 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 68 of 1986
RE Aburili, J
January 16, 2024
In the matter of the Estate of Otieno Aggrey Ambala (Deceased)
Ruling
1. I observe that the Applicant Odhiambo Ambala is a bonafide beneficiary of the estate of the deceased Aggrey Otieno Ambala Senior. He is also the brother to the late Nyerere Ambala.
2. The latter was also a beneficiary of the estate of the late Aggrey Otieno Ambala Senior.
3. The estate was administered as per the consent of the parties adopted as the order of the court in this matter on 26th February 2009.
4. Litigation followed challenging the said consent and culminated into an appeal vide Kisumu Court of Appeal Civil Appeal No. 116 of 2016 which upheld the consent vide the judgment and order of 26th April 2018.
5. Regrettably, from the submissions by the Applicant herein, his brother Nyerere Ambala had already died in 2014 as per the annexed death certificate of death showing that he died on 14th November 2014.
6. The said Nyerere Ambala died before his shares in the estate of his late father were transferred to his names.
7. The Applicant herein by his application dated 22nd December 2023 seeks to have the grant issued to Walter Ambala and Alfred Jacob Ambala on 10th February 2006 and confirmed to be rectified so that the share of the estate property as assigned to the late Nyerere Ambala to be equally distributed between the Applicant and his surviving brother Ogolla Kodhek.
8. He however admits that they had other brothers who also died including one Oduor. What that means is that even assuming that this application is properly before this court at this stage which it is not, then the houses of their deceased siblings would equally have an interest and a right to claim for a share in the estate of the late Nyerere Ambala.
9. That aside, the Applicant has no grant of letters of administration intestate of the estate of the late Nyerere Ambala and therefore there is no basis or authority for him and his brother Ogolla Ambala to seek to have the share allocated to Nyerere Ambala who is now dead, to be redistributed to the two equally.
10. I find the application dated 22nd December 2023 not merited. I dismiss it with no orders as to costs.
11. This file is closed and can only be reopened vide a miscellaneous succession cause to conclude any emerging or pending issue.
12. This Ruling to be typed forthwith.
13. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 16TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE