[2005] KEHC 865 (KLR)
The court found that the grant of letters of administration intestate was properly issued to the administrators, and that all procedural requirements under the Law of Succession Act had been satisfied. The court noted that all beneficiaries were adults and had signed a consent to the proposed mode of distribution,...
Source-derived case information.
- Citation
- [2005] KEHC 865 (KLR)
- Parties
- Applicant: Patrick Onguso Nasibi; Applicant: Flora Aoko; Applicant: Jerida Amwayi; Applicant: Clara Onguso
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 19 of 2000
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Grant of letters of administration intestate confirmed.
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Onguso Nasibi
Applicant
Flora Aoko
Applicant
Jerida Amwayi
Applicant
Clara Onguso
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate was properly issued and should be confirmed.
- 2 Whether the requirements of the Law of Succession Act Cap.160 have been complied with.
- 3 Whether there are any minors or dependants to be considered in the distribution of the estate.
Ratio Decidendi
The court found that the grant of letters of administration intestate was properly issued to the administrators, and that all procedural requirements under the Law of Succession Act had been satisfied. The court noted that all beneficiaries were adults and had signed a consent to the proposed mode of distribution, and that there were no minors or dependants to be considered. Accordingly, the court confirmed the grant as sought, finding no legal impediment to the confirmation and distribution of the estate as proposed.
Court Disposition
Grant of letters of administration intestate confirmed.
Orders
- The grant of letters of administration intestate is confirmed.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA Succession Cause 19 of 2000
IN THE MATTER OF THE ESTATE OF – JAMES UNGUSONASIBI DECEASED
A N D
PATRICK ONGUSO NASIBI FLORA AOKO JERIDA AMWEYI…………………………………………………….. APPLICANTS CLARA ONGUSO
R U L I N G
On 5th June, 2001, the Grant of Letters of Administration intestate in the estate of the late James Unguso Nasibi who died on 5-7-96 was made to his widows Kezia Lydia Onguso, Clara Aluso and Jerida Amwayi. On 16. 11. 2000, a consent had been filed seeking to substitute Patrick Onguso Nasibi for Kezia I. Onguso as one of the administrators. By summons for confirmation of the Grant dated 4. 3.2005 supported by an affidavit sworn on even date by Clara Aluso, the grant was sought to be confirmed. A further affidavit in support of the said summons was on 13. 5.2005 filed by Patrick Onguso Nabisi. The manner in which the estate is sought to be distributed is reflected in the consent document dated 4. 3.2004 signed by all the beneficiaries who are adults and more particularly in the affidavit sworn on 4. 3.2005 by Clara Aluso and Patrick Onguso Nasibi in support of the application of the summons for the confirmation of the Grant.
I am satisfied that the Grant was rightly issued, and that there are no minors or dependants in this case and that the provisions of the Law of Succession Act Cap.160, have been complied with. Accordingly, I confirm the said Grant of Letters of Administration intestate. It is so ordered.
Dated at Kakamega this 3rd of November, 2005.
G. B. M. KARIUKI
J U D G E