[2024] KEHC 6678 (KLR)

[2024] KEHC 6678 (KLR)

The court found that all beneficiaries were agreeable to the distribution of the estate as per the will of the deceased. There was no opposition to the summons for confirmation of grant of probate. The court, therefore, allowed the application and ordered that the estate be distributed in accordance with the will...

Source-derived case information.

Citation
[2024] KEHC 6678 (KLR)
Parties
Applicant: David Ochieng Odhuno
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Cause E009 of 2021
Procedural Posture
Miscellaneous Cause / Ruling on Summons for Confirmation of Grant of Probate
Outcome
Summons for confirmation of grant of probate allowed; estate to be distributed as per the will; file closed.
Judges
MS Shariff
Legal Topics
Probate and Administration, Confirmation of Grant, Wills and Testamentary Succession
Source Language
en
Family and Children Probate and Administration Confirmation of Grant Wills and Testamentary Succession

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Parties

David Ochieng Odhuno

Applicant

Procedural Posture

Miscellaneous Cause / Ruling on Summons for Confirmation of Grant of Probate

Legal Issues

  1. 1 Whether the summons for confirmation of grant of probate should be allowed as per the will of the deceased.
  2. 2 Whether the estate should be distributed according to the will dated 2.11.2008.

Ratio Decidendi

The court found that all beneficiaries were agreeable to the distribution of the estate as per the will of the deceased. There was no opposition to the summons for confirmation of grant of probate. The court, therefore, allowed the application and ordered that the estate be distributed in accordance with the will dated 2.11.2008. The file was marked as closed, signifying the conclusion of the probate process in this matter.

Court Disposition

Summons for confirmation of grant of probate allowed; estate to be distributed as per the will; file closed.

Orders

  • The summons for confirmation of grant of probate dated 6th March 2024 is allowed.
  • The estate of the deceased shall be distributed as per the will dated 2.11.2008.