In re Estate of Hezbon Onyango Nyabola (Deceased) [2024] KEHC 413 (KLR)

In re Estate of Hezbon Onyango Nyabola (Deceased) (Succession Cause 682 of 2011) [2024] KEHC 413 (KLR) (24 January 2024) (Ruling)

Neutral citation: [2024] KEHC 413 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 682 of 2011

RE Aburili, J

January 24, 2024

IN THE MATTER OF THE ESTATE OF HEZBON ONYANGO NYABOLA (DECEASED) AND IN THE MATTER OF EVELYNE AWINO APIYO.....................1ST PETITIONER/PROTESTOR VERSUS MAURICE JUMA NYABOLA.....................................2ND PETITIONER

Ruling

1. There is no protest filed to challenge the confirmation of grant in this matter. Accordingly, the grant issued to the Petitioner Evelyne Awino Apiyo is hereby confirmed in her favour to administer and distribute estate of the deceased Hezbon Onyango Nyabola in accordance with the law and in the manner proposed in paragraph 4 of the Further Affidavit.

2. As there is a minor child in the estate, the sole asset of the estate being Kisumu/Nyalenda ‘A’/1606 shall be distributed in equal shares between the children of the deceased and shall be registered in the names of Evelyne Awino Apiyo, the adult children Faith Sally Atieno, Mary Auma Onyango and Phoebe Achieng Onyango for their own benefit and for the benefit of and in trust of the minor Washington Okal Onyango.

3. A certificate of confirmation of grant to issue forthwith.

4. The administrator shall file into court a true and accurate accounts of the estate within six (6) months of today.

5. This file is closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF JANUARY, 2024R.E. ABURILIJUDGE