In re Estate of Ismael Hadulo Ojee (Deceased) [2025] KEHC 3114 (KLR)

In re Estate of Ismael Hadulo Ojee (Deceased) (Succession Cause 603 of 2003) [2025] KEHC 3114 (KLR) (13 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3114 (KLR)

Republic of Kenya

In the High Court at Kakamega

Succession Cause 603 of 2003

SC Chirchir, J

March 13, 2025

In the matter of

Julius Okongo Hadulo

Petitioner

Ruling

1. The Administrator herein filed summons for confirmation of grant dated 15/3/2017. The confirmation proceedings were referred for resolution before a mediator.

2. The parties came up with an agreement on 28/11/2019 which was adopted by the court on 2/12/2019. The said consent however did not address the sharing of the Assets of the estate which were provided as Plot No. 129 ,Lumbao Market and land Parcel No. Bussoto/Indanyala/227. Consequently, the parties were referred back to the mediator. A third reference to mediation was necessitated when there was lack of clarity on the sizes allocated to some beneficiaries.

3. The parties finally filed the consent on distribution dated 25/10/2024 and filed in court the same day. I reserve the adoption of the consent for purposes of confirming whether the consent had complied with the various directions that the court had earlier given. And having confirmed compliance , I hereby proceed to make orders as follows:a).The consent on distribution dated 25/10/2024 is adopted as an order of the court.b).consequently the grant of letter of administration issued on 16/7/2015 is hereby revoked.c).A fresh grant of letters of Administration to issue to Julius Okongo of P.O Box 1405 Kakamega.d).The grant referred to in (c) above is hereby confirmed.e).The distribution of the estate as per page 1 and 2 of the consent dated 25/10/2024.

DATED, SIGNED AND DELIVERED VIRTUALLY AT ISIOLO THIS 13 TH DAY OF MARCH 2025. S CHIRCHIRJUDGE.In the presence of:Godwin Luyundi- Court Assistant