[2014] KEHC 3782 (KLR)

[2014] KEHC 3782 (KLR)

The court found that the objection raised by the objectors regarding the erroneous inclusion of Patrick I. Lutawa as a beneficiary was admitted by one of the administrators, Daudi Lumbasi, who swore an affidavit acknowledging the mistake. Since the parties were in agreement on the correct mode of distribution as set...

Source-derived case information.

Citation
[2014] KEHC 3782 (KLR)
Parties
Applicant: Khalumu Shitanda; Applicant: Daudi Lumbasi; Respondent: Francis Mutula Mwisukha; Respondent: Naboth Ambulwa Mwisukha
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Succession Cause 600 of 2009
Procedural Posture
Succession Cause / Ruling on Objection and Confirmation of Grant
Outcome
Objection resolved; grant of letters of administration confirmed.
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Khalumu Shitanda

Applicant

Daudi Lumbasi

Applicant

Francis Mutula Mwisukha

Respondent

Naboth Ambulwa Mwisukha

Respondent

Procedural Posture

Succession Cause / Ruling on Objection and Confirmation of Grant

Legal Issues

  1. 1 Whether the inclusion of Patrick I. Lutawa as a beneficiary instead of Musa Ndakwa Mwisukha was erroneous.
  2. 2 Whether the objection to the mode of distribution of the estate should be upheld.

Ratio Decidendi

The court found that the objection raised by the objectors regarding the erroneous inclusion of Patrick I. Lutawa as a beneficiary was admitted by one of the administrators, Daudi Lumbasi, who swore an affidavit acknowledging the mistake. Since the parties were in agreement on the correct mode of distribution as set out in the objectors' affidavit, the court confirmed the grant of letters of administration and ordered that the distribution of the estate be in accordance with the said affidavit. The resolution of the objection and the consensus on the distribution rendered the objection moot, allowing the court to proceed with confirmation of the grant.

Court Disposition

Objection resolved; grant of letters of administration confirmed.

Orders

  • The grant of letters of administration is confirmed.
  • Distribution of assets shall be as per the affidavit of Francis Mutula Mwisukha and Naboth Ambulwa Mwisukha dated 3rd December 2012.