[2023] KEHC 22673 (KLR)
The court confirmed the grant of letters of administration intestate because the administrators had identified all assets of the estate, obtained the consent of all beneficiaries to the proposed mode of distribution, and there was no protest or objection. The court was satisfied that the requirements of the Law of...
Source-derived case information.
- Citation
- [2023] KEHC 22673 (KLR)
- Parties
- Applicant: Jecolia Auma Odhiambo; Applicant: Kennedy Ochieng Odongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 340 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed; certificate of confirmation to issue; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jecolia Auma Odhiambo
Applicant
Kennedy Ochieng Odongo
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed in favour of the administrators.
- 2 Whether the proposed mode of distribution of the estate is agreed upon by all beneficiaries.
Ratio Decidendi
The court confirmed the grant of letters of administration intestate because the administrators had identified all assets of the estate, obtained the consent of all beneficiaries to the proposed mode of distribution, and there was no protest or objection. The court was satisfied that the requirements of the Law of Succession Act had been met, and ordered the administrators to administer the estate in accordance with the law and to file a true and accurate account within six months.
Court Disposition
grant confirmed; certificate of confirmation to issue; file closed
Orders
- The grant issued on March 26, 2023 is confirmed in favour of the administrators.
- A certificate of confirmation of grant to issue.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Rashid Odongo Osulla (Deceased) (Succession Cause 340 of 2012) [2023] KEHC 22673 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22673 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 340 of 2012
RE Aburili, J
September 28, 2023
In the matter of
Jecolia Auma Odhiambo
1st Applicant
Kennedy Ochieng Odongo
2nd Applicant
Ruling
1. The grant of letters of administration intestate in respect of the estate of the deceased Rashid Odongo Osulla was issued on March 26, 2023 to the Petitioners herein Jecolia Auma Odhiambo and Kennedy Ochieng Odongo to administer the said estate.
2. Vide summons for confirmation of grant dated July 31, 2023, the administrators pray that the said grant be confirmed as they have identified and listed all assets of the estate of the deceased and the beneficiaries have all signed a consent agreeing on the mode of distribution of the estate.
3. I have considered the summons for confirmation of grant, the supporting affidavit and consent signed by the beneficiaries of the estate to the schedule of distribution of the estate of the deceased.
4. There is no protest filed and the beneficiaries have all agreed on the mode of distribution of the estate as proposed by the administrators.
5. Accordingly, I hereby confirm the grant issued on March 26, 2013 in favour of the administrators.
6. A certificate of confirmation of grant to issue.
7. The administrators to ensure that the estate of the deceased is administered in accordance with the law and a true and accurate account is filed into court as required under Section 83 of the Law of Succession Act six (6) months of today.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE