[2009] KEHC 3106 (KLR)
The court found that the applicants, as widows of the deceased, had properly identified all beneficiaries of the estate, including the deceased's minor sons. The proposed distribution of the estate, specifically land parcel SOUTH MUGIRANGO/NYAMATARO/1706, was agreed upon by the parties. The court was satisfied that...
Source-derived case information.
- Citation
- [2009] KEHC 3106 (KLR)
- Parties
- Applicant: Maritha Bochere Mokebo; Applicant: Esther Bochere Mokebo; Respondent: Mary Amoit Mokebo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 242 of 2003
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant of letters of administration confirmed; application allowed.
- Judges
- AO Muchelule
- 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
Maritha Bochere Mokebo
Applicant
Esther Bochere Mokebo
Applicant
Mary Amoit Mokebo
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in respect of the estate of Thomas Mokebo Moturi.
- 2 Whether the identities and shares of all beneficiaries have been ascertained.
Ratio Decidendi
The court found that the applicants, as widows of the deceased, had properly identified all beneficiaries of the estate, including the deceased's minor sons. The proposed distribution of the estate, specifically land parcel SOUTH MUGIRANGO/NYAMATARO/1706, was agreed upon by the parties. The court was satisfied that the requirements of section 71(1) of the Law of Succession Act had been met, namely that the identities and shares of all persons beneficially entitled to the estate had been ascertained. Consequently, the court allowed the application and ordered confirmation of the grant of letters of administration as sought by the applicants.
Court Disposition
Grant of letters of administration confirmed; application allowed.
Orders
- The application for confirmation of grant is allowed.
- The grant of letters of administration in respect of the estate of Thomas Mokebo Moturi is confirmed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Succession Cause 242 of 2003
IN THE MATTER OF THE ESTATE OF – THOMAS MOKEBO MOTURI DECEASED
AND
1. MARITHA BOCHERE MOKEBO )
2. ESTHER BOCHERE MOKEBO ) ………………………………. APPLICANTS
VERSUS
MARY AMOIT MOKEBO ……………………..……………….………. OBJECTOR
RULING
The Grant of Letters of Administration in respect of the deceased Thomas Mokebo Moturi were issued to the Applicants on 28th January 2004. The Applicants are the widows of the deceased and seek the confirmation of that Grant. The other beneficiaries are G.O and J.O, both minors, who are the sons of the deceased. The deceased left land parcel No.SOUTH MUGIRANGO/NYAMATARO/1706. It has been agreed that 1st Applicant will get 1. 20 hectares and 2nd Applicant 1. 21 hectares. I am satisfied that the identities and shares of all persons beneficiary entitled to the estate have been ascertained. Under section 71(1) of the Law of Succession Act Cap 160 of the Laws of Kenya, I allow the application and order confirmation of the Grant.
Dated and Delivered at Kisii this 12th day of June, 2009
A.O. MUCHELULE
JUDGE
12/6/09
A.O. Muchelule, J
cc.Mongare
Mr. Sagwe for Petitioner.
Applicants present
Court:- Ruling in open court.
A.O. MUCHELULE
JUDGE