In re Estate of James Ayugi Misuba (Deceased) [2024] KEHC 14236 (KLR)

In re Estate of James Ayugi Misuba (Deceased) (Miscellaneous Succession Cause E059 of 2024) [2024] KEHC 14236 (KLR) (14 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14236 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E059 of 2024

RE Aburili, J

November 14, 2024

IN THE MATTER OF THE ESTATE OF JAMES AYUGI MISUBA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MONICA ALELLO LINDA, EVERLINE ADHIAMBO AYUGI and BENTA AKINYI AYUGI - APPLICANTS

(Arising from Kisumu HC Succession Cause No. 113 of 2006)

In the matter of

Monica Alello Linda

1st Applicant

Everline Adhiambo Ayugi

2nd Applicant

Benta Akinyi Ayugi

3rd Applicant

Ruling

1. All the beneficiaries of the estate of the deceased James Ayugi Misuba are present and have filed a schedule of the assets of the estate and mode of distribution of the said estate.

2. The court has interviewed them and they have each confirmed that they have agreed on the mode of distribution of the estate.

3. In the premises, as there is no protest filed on the summons for confirmation of grant dated 8th November 2024 and as the assets in the estate and beneficiaries have been identified and listed, and as all beneficiaries have presented themselves before the court and confirmed the agreement on the mode of distribution of the estate, I hereby confirm the grant issued on 17th October 2006 to Monica Akello Linda Ayugi, Everlyne Adhiambo Ayugi and Benta Akinyi Ayugi.

4. The certificate of confirmed grant to issue forthwith.

5. Subject to Section 83 of the Law of Succession Act on the filing of accounts within 6 months of this date, this file is hereby closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF NOVEMBER, 2024. R. E. ABURILIJUDGE