[2024] KEHC 15870 (KLR)

[2024] KEHC 15870 (KLR)

The court found that the parties had reached a valid AJS agreement dated 15th November 2024 regarding the distribution of the deceased's estate. Upon application by the 2nd Administrator, and having perused the agreement, the court was satisfied that the agreement was proper and in accordance with the law. The court...

Source-derived case information.

Citation
[2024] KEHC 15870 (KLR)
Parties
Applicant: Sabianus Obuya Nyambok (Deceased); Respondent: 2nd Administrator (represented by Mr. Bagada)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 13 of 2009
Procedural Posture
Succession Cause / Ruling on Application to Adopt Alternative Justice System (ajs) Agreement
Outcome
application allowed; AJS agreement adopted as judgment; directions issued for confirmation and notification.
Judges
MS Shariff
Legal Topics
Succession, Estate Distribution, Ajs Agreement, Probate, Confirmation of Grant
Source Language
en
Family and Children Succession Estate Distribution Ajs Agreement Probate Confirmation of Grant

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Parties

Sabianus Obuya Nyambok (Deceased)

Applicant

2nd Administrator (represented by Mr. Bagada)

Respondent

Procedural Posture

Succession Cause / Ruling on Application to Adopt Alternative Justice System (ajs) Agreement

Legal Issues

  1. 1 Whether the AJS agreement dated 15th November 2024 should be adopted as a judgment of the court for the distribution of the deceased's estate.
  2. 2 Whether the court should issue further directions regarding confirmation of distribution and notification to counsel.

Ratio Decidendi

The court found that the parties had reached a valid AJS agreement dated 15th November 2024 regarding the distribution of the deceased's estate. Upon application by the 2nd Administrator, and having perused the agreement, the court was satisfied that the agreement was proper and in accordance with the law. The court therefore adopted the AJS agreement as its judgment, thereby directing that the estate be distributed as per the terms of the agreement. The court further set a mention date to confirm that the distribution has been effected and ordered that notice be issued to the relevant advocates to ensure all parties are informed of the next steps.

Court Disposition

application allowed; AJS agreement adopted as judgment; directions issued for confirmation and notification.

Orders

  • The AJS agreement dated 15th November 2024 is adopted as a judgment of the court; the estate shall be distributed in terms of the agreement.
  • Mention on 17th March 2025 to confirm distribution.