[2024] KEHC 6017 (KLR)
The court held that the applicant, having been discharged as administrator and not being a beneficiary of the estate, lacked locus standi to seek an account from the Public Trustee. The estate had been fully distributed, and all beneficiaries had signed a discharge indicating satisfaction with the administration. No...
Source-derived case information.
- Citation
- [2024] KEHC 6017 (KLR)
- Parties
- Applicant: Joseline Oyugi Odongo; Respondent: Public Trustee; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E018 of 2024
- Procedural Posture
- Succession Cause / Ruling on Application to Compel Accounting by Public Trustee
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Administration of Estates, Revocation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseline Oyugi Odongo
Applicant
Public Trustee
Respondent
Attorney General
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Compel Accounting by Public Trustee
Legal Issues
- 1 Whether the applicant, having been discharged as administrator and not being a beneficiary, has locus standi to seek an account from the Public Trustee regarding the estate of the deceased.
- 2 Whether the Public Trustee is required to account further for the estate after distribution and discharge signed by all beneficiaries.
Ratio Decidendi
The court held that the applicant, having been discharged as administrator and not being a beneficiary of the estate, lacked locus standi to seek an account from the Public Trustee. The estate had been fully distributed, and all beneficiaries had signed a discharge indicating satisfaction with the administration. No beneficiary had raised any complaint regarding the Public Trustee's conduct. The applicant's attempt to claim a portion of the estate was unsuccessful, and his application was found to be devoid of merit. The court emphasized that only those with a legal interest in the estate may seek relief, and the applicant's lack of such interest was fatal to his application.
Court Disposition
application dismissed
Orders
- The application dated 14th March 2024 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Tom Odhiambo Odongo (Deceased) (Succession Cause E018 of 2024) [2024] KEHC 6017 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6017 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E018 of 2024
RE Aburili, J
May 23, 2024
Between
Joseline Oyugi Odongo
Applicant
and
Public Trustee
1st Respondent
Attorney General
2nd Respondent
Ruling
1. The Applicant Joseline Oyugi Odongo who was the administrator of the deceased’s estate was discharged by the court which revoked the grant issued to him and confirmed on 30th May 2016 in Succession Cause No. 1121 of 2014.
2. It follows that he has no audience before this court and that position was recorded by the court when it was observed in the previous proceedings that the deceased’s children were now of age (adults) hence the property could be given to them.
3. From the affidavit of the Public Trustee, the estate was closed after distribution of the estate property of the deceased Tom Odhiambo Odongo, held by the Public Trustee. There is a discharge signed by the beneficiaries who have not come to court to complain that they have any issue with the Public Trustee. The applicant is not a beneficiary of the estate albeit he tried to get apportion of 10% of the estate property held by the Public Trustee in vain.
4. The Applicant cannot purport to be ignorant of this purpose. The Applicant has no audience before this court.
5. The application dated 14th March 2024 seeking to have the public trustee account for the estate of the deceased is found to be devoid of merit. It is hereby dismissed.
6. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MAY, 2024R. E. ABURILIJUDGE