[2005] KEHC 35 (KLR)
The court found that the grant of letters of administration intestate was properly issued to the administrators. All beneficiaries are adults and have consented to the proposed mode of distribution of the estate. There are no minors or dependants, and the requirements of the Law of Succession Act have been...
Source-derived case information.
- Citation
- [2005] KEHC 35 (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
- 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
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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 distribution of the estate as proposed complies with the Law of Succession Act.
Ratio Decidendi
The court found that the grant of letters of administration intestate was properly issued to the administrators. All beneficiaries are adults and have consented to the proposed mode of distribution of the estate. There are no minors or dependants, and the requirements of the Law of Succession Act have been satisfied. Therefore, the court confirmed the grant as sought by the applicants.
Court Disposition
grant of letters of administration intestate confirmed
Orders
- The grant of letters of administration intestate is confirmed as prayed.
Full Case Text
Judgment text and source record
15 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 UNGUSO NASIBI (DECEASED)
A N D
PATRICK ONGUSO NASIBI
FLORA AOKO
JERIDA AMWEYI
CLARA ONGUSO……………………….APPLICANTS
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