[2025] KEHC 1254 (KLR)
The court found that the parties had freely entered into a comprehensive mediation settlement agreement resolving all issues concerning the administration and distribution of the deceased's estate. The agreement was clear, lawful, and addressed the interests of all beneficiaries, including the representation of the...
Source-derived case information.
- Citation
- [2025] KEHC 1254 (KLR)
- Parties
- Applicant: TBO; Respondent: PAO
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E001 of 2023
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Mediation settlement agreement adopted as judgment; grant to be amended accordingly.
- Judges
- TA Odera
- Legal Topics
- Succession, Grant of Administration, Mediation Settlement, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TBO
Applicant
PAO
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the mediation settlement agreement should be adopted as the judgment of the court.
- 2 Whether the grant should be amended to reflect the agreed terms.
- 3 Whether the parties' obligations under the settlement are enforceable.
Ratio Decidendi
The court found that the parties had freely entered into a comprehensive mediation settlement agreement resolving all issues concerning the administration and distribution of the deceased's estate. The agreement was clear, lawful, and addressed the interests of all beneficiaries, including the representation of the minor. The court determined that there was no legal impediment to adopting the agreement as the judgment of the court and ordered that the grant be amended accordingly to reflect the agreed terms. The court further noted that the parties' obligations, including the vacation of property and payment of advocates' fees, were enforceable as part of the judgment.
Court Disposition
Mediation settlement agreement adopted as judgment; grant to be amended accordingly.
Orders
- The mediation settlement agreement dated 13th February 2025 is adopted as the judgment of the court.
- The grant of representation shall be amended and issued in accordance with the settlement agreement.
Full Case Text
Judgment text and source record
18 paragraphs
In re JOO - Deceased (Succession Cause E001 of 2023) [2025] KEHC 1254 (KLR) (17 February 2025) (Judgment)
Neutral citation: [2025] KEHC 1254 (KLR)
Republic of Kenya
In the High Court at Kisii
Succession Cause E001 of 2023
TA Odera, J
February 17, 2025
Between
TBO
Applicant
and
PAO
Objector
Judgment
1. The parties herein entered into a mediation settlement agreement on the following terms “We, the undersigned parties in this matter, have agreed to settle our dispute/differences as follows:1. That the earlier mediation settlement agreement dated 3rd May 2024 be honoured as it is with the following amendments as required by the court;2. That the parties have agreed that PAO be added as an administrator from the 2nd house (to represent the minor BOO 12 years.3. That the full name of Mr. Machoni a creditor of the Estate is Nelson Machoni Moindi.4. That each advocate shall claim his/her fees from the individual client after the sharing of the benefits have been actualized.5. That PAO has agreed that she shall vacate the Kitengela/20671/House within 14 days from the time she receives the 1st payment, either from Public Trustee or Parliament.6. Signed: Catherine Moraa-SignedJulius Omambia- SignedCaroline Kwamboka – SignedLilian Kerubo – SignedSolomon Nyakina- SignedDated 13. 2.25
2. I proceed to adopt the said agreement as judgment of this court.
3. The grant be amended and issued accordingly.
T.A. ODERAJUDGE17. 2.25