[2021] KEHC 9765 (KLR)
The court found that the substitution of the administrator was warranted and ordered that Maurice Juma Okech be substituted in place of Lucia Khatonde Oketch. The application for distribution was dismissed on the basis that it was not inclusive, specifically failing to account for the interests of the children of...
Source-derived case information.
- Citation
- [2021] KEHC 9765 (KLR)
- Parties
- Applicant: Maurice Juma Okech; Respondent: Lucia Khatonde Oketch
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 128 of 1996
- Procedural Posture
- Succession Cause / Ruling on Substitution of Administrator and Distribution Application
- Outcome
- Application for substitution of administrator allowed; application for distribution dismissed; directions issued for fresh summons for confirmation of grant.
- Judges
- FSM Amin
- Legal Topics
- Succession, Administration of Estates, Substitution of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Juma Okech
Applicant
Lucia Khatonde Oketch
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution of Administrator and Distribution Application
Legal Issues
- 1 Whether the administrator should be substituted by Maurice Juma Okech.
- 2 Whether the application for distribution is valid and inclusive of all beneficiaries.
- 3 Whether the interests of the children of Dominic Oketch and Christopher Oketch, both deceased, have been considered.
Ratio Decidendi
The court found that the substitution of the administrator was warranted and ordered that Maurice Juma Okech be substituted in place of Lucia Khatonde Oketch. The application for distribution was dismissed on the basis that it was not inclusive, specifically failing to account for the interests of the children of Dominic Oketch and Christopher Oketch, both deceased. The court directed that the administrator file a fresh summons for confirmation of grant that takes into account all beneficiaries, including the children of the deceased beneficiaries, in accordance with the requirements of the Law of Succession Act.
Court Disposition
Application for substitution of administrator allowed; application for distribution dismissed; directions issued for fresh summons for confirmation of grant.
Orders
- Lucia Khatonde Oketch is substituted by Maurice Juma Okech as administrator.
- Amended letters of administration to issue.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Thomas Godia Menje alias Thomas Kosia Mwenje (Deceased) (Succession Cause 128 of 1996) [2021] KEHC 9765 (KLR) (5 July 2021) (Ruling)
Neutral citation: [2021] KEHC 9765 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 128 of 1996
FSM Amin, J
July 5, 2021
IN THE MATTER OF THE ESTATE OF THOMAS GODIA MENJE Alias THOMAS KOSIA MWENJE (DECEASED)
In the matter of
Maurice Juma Okech
Petitioner
Ruling
1. The administrator, Lucia Khatonde Oketch be and is hereby substituted by Maurice Juma Okech.
2. Amended letters of administration do issue.
3. Distribution application is dismissed because it is not inclusive.
4. The administrator to file a summons for confirmation of the grant which takes into account the interests of the children of Dominic Oketch and Christopher Oketch who are both deceased.
Order accordingly.
FARAH AMINJUDGESIGNED AND DATED IN KAKAMEGA ON THIS THE 28TH DAY OF JUNE 2021. DELIVERED AND EXPLAINED TO THE PETITIONER IN KAKAMEGA ON THIS THE 5TH DAY OF JULY 2021. Ruling read in presence of the Petitioner Maurice Juma Okech.