[2023] KEHC 3732 (KLR)
The court found that all beneficiaries had been provided for in accordance with the agreed mode of distribution and that the objection proceedings had been resolved by refunding the purchase price to the objector. With no further objections and all parties consenting, the court confirmed the grant issued to Mary...
Source-derived case information.
- Citation
- [2023] KEHC 3732 (KLR)
- Parties
- Applicant: Aggrey Odinga Ojuok; Respondent: Mary Awino Omuna; Applicant: Risper Otuoma Otina
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 648 of 2010
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
- Outcome
- Grant confirmed; estate to be distributed within six months; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Revocation 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
Aggrey Odinga Ojuok
Applicant
Mary Awino Omuna
Respondent
Risper Otuoma Otina
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the grant issued to Mary Awino Omuna should be confirmed as administrator of the estate.
- 2 Whether all beneficiaries have been adequately provided for in the proposed mode of distribution.
- 3 Whether the estate should be distributed and accounts filed as per statutory requirements.
Ratio Decidendi
The court found that all beneficiaries had been provided for in accordance with the agreed mode of distribution and that the objection proceedings had been resolved by refunding the purchase price to the objector. With no further objections and all parties consenting, the court confirmed the grant issued to Mary Awino Omuna as administrator. The court further ordered that the estate be distributed within six months and that accounts be filed as required by law, thereby concluding the succession proceedings.
Court Disposition
Grant confirmed; estate to be distributed within six months; file closed.
Orders
- The grant issued to Mary Awino Omuna as substitute administrator is confirmed.
- Certificate of confirmation to issue forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Otina Njer (Deceased) (Succession Cause 648 of 2010) [2023] KEHC 3732 (KLR) (26 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3732 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 648 of 2010
RE Aburili, J
April 26, 2023
IN THE MATTER OF THE ESTATE OF OTINA NJER (DECEASED) AND IN THE MATTER OF APPLICATION FOR LETTERS OF ADMINSTRATION INTESTATE BY RISPER OTUOMA OTINA AND IN THE MATTER OF AN APPLICATION FOR REVOCATION OR ANNULMENT OF GRANT TO MARY AWINO OMUNA
Between
Aggrey Odinga Ojuok
Applicant
and
Mary Awino Omuna
Petitioner
Ruling
1. I have examined the beneficiaries of the estate and perused the summons for confirmation of grant. The objection proceedings which were pending and holding this matter were determined this morning. The Administrator refunded to the Objector the purchase price and the objection proceedings were withdrawn paving way for confirmation of the grant.
2. As all the beneficiaries have been provided for as per the mode of distribution filed and conceded to by all beneficiaries, I hereby confirm the grant issued to Mary Awino Auma as a substitute to Risper Otuoma Otina on 7th October 2019, and certificate of confirmation shall issue forthwith.
3. The estate to be distributed within six (6) months of today and true and accurate accounts filed in court as required under Section 83 of the Law of Succession Act.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF APRIL, 2023R. E. ABURILIJUDGE