[2022] KEHC 13107 (KLR)
The court found that the previous administrator, Lucia Adoyo Okoth, had died before completing administration of the estate. All beneficiaries consented to the substitution of Samuel Okoth Obor as administrator and to the reassignment of Lucia's share of the estate to him. There was no dispute or objection. The...
Source-derived case information.
- Citation
- [2022] KEHC 13107 (KLR)
- Parties
- Applicant: Samuel Okoth Obor; Respondent: Lucia Adoyo Okoth
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 534 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution and Amendment of Grant
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant of Letters of Administration, Substitution of Administrator, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Okoth Obor
Applicant
Lucia Adoyo Okoth
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution and Amendment of Grant
Legal Issues
- 1 Whether the applicant should be substituted as administrator in place of the deceased administrator, Lucia Adoyo Okoth.
- 2 Whether the grant and certificate of confirmation of grant should be amended and reissued in favour of the applicant.
- 3 Whether the share of the estate previously allocated to the deceased administrator should be reassigned to the applicant.
Ratio Decidendi
The court found that the previous administrator, Lucia Adoyo Okoth, had died before completing administration of the estate. All beneficiaries consented to the substitution of Samuel Okoth Obor as administrator and to the reassignment of Lucia's share of the estate to him. There was no dispute or objection. The court held that, in accordance with the Law of Succession Act and upon satisfaction of the requirements for substitution and amendment of grant, the application should be allowed. The grant and certificate of confirmation of grant were ordered to be amended and reissued in favour of Samuel Okoth Obor, and the share previously allocated to Lucia Adoyo Okoth was revoked and...
Court Disposition
application allowed
Orders
- Lucia Adoyo Okoth (deceased) is substituted with Samuel Okoth Obor as administrator of the estate of Sitakus Obor Okoth.
- The grant of letters of administration intestate issued to Lucia Adoyo Okoth on 3/2/2012 and the certificate of confirmation of grant issued on 16/9/2015 are amended and reissued in favour of Samuel Okoth Obor.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Sitakus Obor Okoth (Deceased) (Succession Cause 534 of 2011) [2022] KEHC 13107 (KLR) (19 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13107 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 534 of 2011
RE Aburili, J
September 19, 2022
IN THE MATTER OF THE ESTATE OF LATE SITAKUS OBOR OKOTH (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY SAMUEL OKOTH OBOR FOR AMENDMEND OF THE GRANT AND CERTIFICATE OF CONFIRMATION OF GRANT
Ruling
1. On 27/9/2011, the Petitioner Lucia Adoyo Okoth petitioned for grant of letters of Administration intestate, to administer the estate of the deceased Sitakus Obor Okoth who died on 31/10/2003.
2. The Petitioner was said to be the widow of the deceased, as per the Chief’s introductory letter dated 1/7/2011 written by John Okumu Odida, Chief of West Kajulu location, to court. The Petitioner was gazetted on 16/12/2011 vide Gazette Notice No. 15885 Vol. CXIII - No. 122.
3. As no objection was filed objecting to making of grant in her favour, on 3/2/2012, the Petitioner Lucia Adoyo Okoth was issued with a grant of letters of Administration intestate (Form P&A 41) duly signed by Hon. H.K. Chemitei Judge and sealed by this court on 7. 11. 2014. Vide summons for confirmation of grant dated 3/9/2014, the Petitioner sought for confirmation of the grant issued to her on 3/2/2012. She also filed an affidavit of proposed distribution of the estate to all the listed beneficiaries and a duly signed consent, by all the listed beneficiaries who are children of the deceased Sitakus Obor Okoth, witnessed by Joseph Musomba Advocate/Commissioner for Oaths on 3/9/2014.
4. On 16/9/2015, a Certificate of Confirmation of grant was issued to Lucia Adoyo Okoth.
5. From the letter dated 14/3/2017 written by George O. Nyangweso, District Land Registrar, Kisumu East/Kisumu West, the Land Registrar sought confirmation from court whether the grant and Certificate of confirmation of grant originated from court.Vide letter dated 24/3/2017, the Deputy Registrar confirmed the authenticity of the grant and Certificate of confirmation of grant vide Chamber summons dated 14/12/2021 which is the subject of this Ruling. One of the beneficiaries of the estate of the deceased Sitakus Obor Okoth, namely, Samuel Okoth Obor seeks from this court to be substituted in the place of Lucia Adoyo Okoth (deceased) and for amendment of the grant made on 3/2/2012 and a Certificate of confirmation of grant issued on 16/9/2015. He swore an affidavit in support, annexing copy of Death Certificate No. S/No. 0042001553 issued on 20/5/2021 at Kisumu showing that Lucia Adoyo Okoth aged 61 years old died on 26/3/2018 at Jaramogi Oginga Odinga Teaching and Referral Hospital. He also annexed copy of her identity card No. 21860646.
6. When the application came up for hearing on 28/3/2022, the applicant was directed to appear in court with all the beneficiaries of the estate on 19/9/2022.
7. Today, the applicant Samuel Okoth Obor appeared in court with all the beneficiaries of the estate as listed in the proceedings for today and upon this court interviewing each of them, they all agreed that they have consented to Samuel Okoth Obor being their Administrator following the demise of their mother Lucia Adoyo Okoth.
8. They also stated that they had agreed to surrender the portion of land initially allocated to their mother, to be taken up by Samuel Okoth Obor. This was after the court gave them time out to discuss the issue of Lucia’s share of the estate.
9. I have considered all the above facts, depositions and statements by the beneficiaries of the estate. There is no dispute that the Administrator of the estate of the late Sitakus Obor Okoth who was Lucia Adoyo Okoth has since died before completing the process of administration of the said estate.
10. As the beneficiaries have agreed on Samuel Okoth Obor being the substitute and the share of Lucia Adoyo being allocated to Samuel Okoth Obor, I hereby allow the application dated 14/12/2021 and order as follows:1. That Lucia Adoyo Okoth (now deceased) be and is hereby substituted with Samuel Okoth Obor as the Administrator of the estate of the deceased Sitakus Obor Okoth,2. That the grant of letters of Administration intestate issued to Lucia Adoyo Okoth on 3/2/2012 and the subsequent Certificate of confirmation of grant issued to the said now deceased Lucia Adoyo Okoth on 16/9/2015 be and are hereby respectively amended and reissued in favour of Samuel Okoth Obor.3. That the share of the estate comprising 0. 3132 acres of Land Parcel No. Kisumu/Wathorego/729 given to the deceased Lucia Adoyo Okoth be and is hereby revoked and reassigned to Samuel Okoth Obor.4. That the administration of the estate of the deceased shall be completed within the next 90 days of the date hereof.5. That this matter shall be mentioned on 19/12/2022 to confirm compliance with these orders and for closure.
11. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE