[2022] KEHC 12698 (KLR)

[2022] KEHC 12698 (KLR)

The court found that the petitioner's protest lacked merit because the previous distribution of Bukhayo/Mundika/600 had been revoked and nullified by the court's earlier ruling, and thus the property remained available for distribution. Regarding Bukhayo/Matayos/42, the court held that the entire portion had been ordered by the SRM Court to be allocated to the applicant's mother and the applicant, implying it did not form part of the deceased's estate. Any previous distribution to the petitioner or her children was therefore unlawful and nullified. The court concluded that the applicant's proposal for distribution, which incorporated the relevant court orders, was proper and should be...

Citation
[2022] KEHC 12698 (KLR)
Parties
Petitioner: Esther Aoko Odiemo; Objector: Moses Juma Ouma
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
15 June 2022
Case Number
Probate & Administration 49 of 2003
Procedural Posture
Probate and Administration / Ruling on Confirmation of Grant and Protest
Outcome
Protest dismissed; application for confirmation of grant allowed as per applicant's proposal.
Judges
JR Karanja
Legal Topics
Succession, Confirmation of Grant, Revocation of Grant, Distribution of Estate, Beneficiary Entitlement
Source Language
English
Family and Children Succession Confirmation of Grant Revocation of Grant Distribution of Estate Beneficiary Entitlement

Case Brief

Summary, issues, holding and outcome

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Parties

Esther Aoko Odiemo

Petitioner

Moses Juma Ouma

Objector

Procedural Posture

Probate and Administration / Ruling on Confirmation of Grant and Protest

Legal Issues

  1. 1 Whether the summons for confirmation of grant dated 1st December 2020 should be allowed based on the applicant's proposed mode of distribution.
  2. 2 Whether the protest by the petitioner against the applicant's proposal has merit in light of previous court orders and the status of the estate properties.

Ratio Decidendi

The court found that the petitioner's protest lacked merit because the previous distribution of Bukhayo/Mundika/600 had been revoked and nullified by the court's earlier ruling, and thus the property remained available for distribution. Regarding Bukhayo/Matayos/42, the court held that the entire portion had been ordered by the SRM Court to be allocated to the applicant's mother and the applicant, implying it did not form part of the deceased's estate. Any previous distribution to the petitioner or her children was therefore unlawful and nullified. The court concluded that the applicant's proposal for distribution, which incorporated the relevant court orders, was proper and should be...

Court Disposition

Protest dismissed; application for confirmation of grant allowed as per applicant's proposal.

Orders

  • The protest by the petitioner is dismissed.
  • The application for confirmation of grant is allowed in terms of the mode of distribution specified in paragraph 5 of the supporting affidavit dated 1st December 2020.