In re Estate of Japheth Agola Osewe (Deceased) [2022] KEHC 13418 (KLR)

In re Estate of Japheth Agola Osewe (Deceased) (Succession Cause 2 of 2021) [2022] KEHC 13418 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13418 (KLR)

Republic of Kenya

In the High Court at Siaya

Succession Cause 2 of 2021

RE Aburili, J

October 5, 2022

Ruling

1. By summons for confirmation of grant dated August 18, 2022, the administrator of the estate of the late Japheth Agola Osewe, who is Mr Paul Omondi Osewe prays that the grant of letters of admission intestate issue to him on May 23, 2022 be confirmed and the estate be divided in terms of the annexed purposed mode of distribution.

2. The summons are supported by an affidavit sworn by Paul Omondi Osewe on August 18, 2022. The said summons are further supported by the various consents signed by each of the remainder 3 beneficiaries, accepting the annexed schedule on the mode of distribution of the estate.

3. Besides the administrator herein, the other beneficiaries as named are Domitilla Ojuka Akinyi - Widow, John Otieno Daniel - Son, and Johana Owiro Osewe - son.

4. There are also other persons who are not direct beneficiaries of the estate of the deceased but the beneficiaries have agreed to distribute the estate as per schedule, with Jecton Onea being one of the beneficiaries in Bondo Agwara Village land.

5. The court interviewed each of the beneficiaries online and they are agreed on the mode of distribution of the state as per the filed schedule save that the said schedule was modified by consent upon intervention by the court to the extent that all the Kisumu Mamboleo Plots in LR No 15343/10-20 were redistributed to each of the beneficiaries as follows:a.Plots 15343/10, 11 &12 to go to Osewe Owiro Johana.b.Plots 15343/13 & 14 to go to Domitilla Akinyi Ojuka.c.Plots 15343/15 & 16 to go to John Daniel Otieno.d.Plots 15343/17, 18, 19 & 20 to go to Paul Omondi Osewe.

6. As there was no objection or protest to the distribution of the estate of the deceased Japheth Agola Osewe as proposed in the attached schedule and as modified by consent, all beneficiaries and their respective shares having been identified and listed, I hereby allow the summons for confirmation of grant issued on May 23, 2022 and confirm the said grant.

7. A certificate of confirmation of grant, apportioning the listed shares to each beneficiary in a schedule to be appended to the said certificate of confirmation of grant.

8. The distribution of the estate to be completed within the next 90 days of this date. Mention on January 30, 2023 to confirm completion of this process and for closure of this file. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R E ABURILIJUDGE