[2020] KEHC 2977 (KLR)
The court found that following the revocation of the previous grant issued to Collins Owino, the estate of the deceased remained without an administrator. As the applicant, Faith Akinyi Owino, is a daughter of the deceased and entitled to a share of the estate, and there being no objection to her application, the...
Source-derived case information.
- Citation
- [2020] KEHC 2977 (KLR)
- Parties
- Applicant: Faith Akinyi Owino; Respondent: Collins Omondi Owino
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 72 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Appointment of Administrator
- Outcome
- Application allowed; applicant appointed as administrator of the estate.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Letters of Administration, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Akinyi Owino
Applicant
Collins Omondi Owino
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Appointment of Administrator
Legal Issues
- 1 Whether the applicant should be appointed as administrator of the estate of the deceased.
- 2 Whether the estate remains without an administrator after revocation of the previous grant.
- 3 What directions should be given for confirmation of grant and distribution of the estate.
Ratio Decidendi
The court found that following the revocation of the previous grant issued to Collins Owino, the estate of the deceased remained without an administrator. As the applicant, Faith Akinyi Owino, is a daughter of the deceased and entitled to a share of the estate, and there being no objection to her application, the court exercised its discretion to appoint her as the administrator. The court further directed her to apply for confirmation of grant within six months and to file a schedule of distribution and list of beneficiaries, ensuring the estate is administered in accordance with the law.
Court Disposition
Application allowed; applicant appointed as administrator of the estate.
Orders
- Faith Akinyi Owino is appointed as administrator of the estate of Judith Akinyi Owino.
- Grant of letters of administration intestate to issue to Faith Akinyi Owino.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. 72 OF 2016
IN THE MATTER OF THE ESTATE OF THE LATE JUDITH AKINYI OWINO – DECEASED
FAITH AKINYI OWINO.............................................APPLICANT
VERSUS
COLLINS OMONDI OWINO..................................RESPONDENT
RULING
1. I have considered the summons dated 20. 3.2019 brought under Section 76 of the Law of Succession Act and Rules 44, 49 and 73 of the P.&.A Rules.
2. The grant in respect of the estate of the deceased Judith Akinyi Owino was initially made to Collins Owino but by consent dated 28. 9.2016 and issued on the same day, the grant of letters of administration intestate issued to Collins Owino on 20th April 2015 was revoked. As a result, the estate therefore remains without an administrator.
3. As the applicant FAITH AKINYI OWINOis the daughter of the 665rfdeceased who was entitled to a portion of the estate being land Parcel No. Siaya/Hono 1669, and as there is no Objection to the Summons herein, I hereby appoint Faith Akinyi Owino as the Administrator of the estate of the deceased Judith Akinyi Owino and proceed to issue grant of letters of Administration Intestate in her favour to administer the estate of the deceased in accordance with the Law.
4. As this matter has been in Court for too long, I direct the applicant to apply for confirmation of grant before expiry of 6 months form to date and to identify and list all beneficiaries and file a schedule of distribution of the deceased’s estate within 21 days of today.
5. Mention on 19. 10. 2020 to confirm compliance.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 28th day of September, 2020
R.E. ABURILI
JUDGE