[2023] KEHC 17522 (KLR)
The court found that since one of the administrators, Salome Chore Oduk, had died prior to the confirmation of the grant, and there were no other surviving beneficiaries, it was necessary to revoke the previous grant and substitute the deceased administrator with the surviving administrator, William Samba Oduk. The...
Source-derived case information.
- Citation
- [2023] KEHC 17522 (KLR)
- Parties
- Applicant: Salome Chore Oduk; Applicant: William Samba Oduk
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1372 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Substitution of Administrator
- Outcome
- Grant revoked and reissued; sole administrator and beneficiary confirmed; property vested in sole administrator; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant of Letters of Administration, Confirmation of Grant, Administrator Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Chore Oduk
Applicant
William Samba Oduk
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Substitution of Administrator
Legal Issues
- 1 Whether the grant of letters of administration intestate issued to a deceased administrator should be revoked and substituted.
- 2 Whether the surviving administrator should be confirmed as the sole administrator and beneficiary of the estate.
- 3 Whether the property Kisumu/Karateng/866 should wholly vest in the surviving administrator.
Ratio Decidendi
The court found that since one of the administrators, Salome Chore Oduk, had died prior to the confirmation of the grant, and there were no other surviving beneficiaries, it was necessary to revoke the previous grant and substitute the deceased administrator with the surviving administrator, William Samba Oduk. The court further confirmed the reissued grant and vested the estate property, Kisumu/Karateng/866, wholly in William Samba Oduk as the sole administrator and beneficiary. The court relied on the Law of Succession Act, which empowers it to revoke and reissue grants to ensure proper administration and distribution of the estate. The court also directed that the administration be...
Court Disposition
Grant revoked and reissued; sole administrator and beneficiary confirmed; property vested in sole administrator; file closed.
Orders
- Salome Chore Oduk substituted with William Samba Oduk as sole administrator.
- Grant issued on October 3, 2022, recalled, annulled, and revoked.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Zedekia Oluoch Ayara alias Zedekia Oluoch (Deceased) (Succession Cause 1372 of 2013) [2023] KEHC 17522 (KLR) (22 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17522 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1372 of 2013
RE Aburili, J
May 22, 2023
In the matter of
Salome Chore Oduk
1st Applicant
William Samba Oduk
2nd Applicant
Ruling
1. On October 3, 2022, the court issued a Grant of Letters of Administration Intestate to the Petitioners/Administrators Salome Chore Oduk and William Samba Oduk in respect of the estate of Zedekia Oluoch Ayara.
2. Regrettably, by that date, Salome Chore Oduk, one of the administrators had died on January 18, 2022.
3. The surviving administrator has by Summons for confirmation of grant dated April 4, 2023 applied for confirmation of the said grant.
4. As one of the administrators is dead and there is no other surviving beneficiary, as evidenced by the Chief’s letter dated January 20, 2015 and the death certificates shown to court, I hereby substitute the administrator Salome Chore Oduk with William Samba Oduk to solely administer the estate.
5. I further recall, annul and revoke the grant issued on October 3, 2022 and order that a fresh amended grant do reissue in the name of William Samba Oduk.
6. I further confirm the reissued grant and apportion to the sole administrator and beneficiary William Samba Oduk ID No xxxx the property Kisumu/Karateng/866 which shall vest in him wholly as per the schedule of distribution of the estate annexed and contained in the Supporting affidavit sworn on April 4, 2023.
7. The death certificates mentioned above to be photocopied and filed.
8. The full administration to be completed within six (6) months and in accordance with Section 83 of the Law of Succession Act, a true and full account of the estate as administered be filed into court.
9. Certificate of confirmation of grant to issue forthwith.
10. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF MAY, 2023R. E. ABURILIJUDGE