In re Estate of Luke Owuor Ochido - Deceased [2024] KEHC 505 (KLR)

In re Estate of Luke Owuor Ochido - Deceased (Probate & Administration E015 of 2021) [2024] KEHC 505 (KLR) (30 January 2024) (Ruling)

Neutral citation: [2024] KEHC 505 (KLR)

Republic of Kenya

In the High Court at Kisumu

Probate & Administration E015 of 2021

RE Aburili, J

January 30, 2024

IN THE MATTER OF THE ESTATE OF LUKE OWUOR OCHIDO –DECEASED PETITION FOR LETTERS OF ADMINISTRATION AD COLLIGENDA BONA PHILIPA AMULO OCHIDO ............................................APPLICANT VERSUS MARGARET ACHIENG KASEJE...................................RESPONDENT

Ruling

1. As the Applicant now confirms that all the properties registered in the deceased’s name (Luke Owuor Ochido) have since been transferred/reverted to the name of the deceased by the Land Registrar as per his sworn affidavit filed in this court on 13th November 2023 and the search certificates annexed confirm the position; further, as the Applicant wishes not to pursue the contempt proceedings commenced against the Respondent who had now surrendered the title documents for the movable property in the estate of the deceased Luke Owuor Ochido which property has now reverted to the estate for proper administration thereof, save for the Respondent being made to account for the estate property which was in her custody since she took out letters of administration intestate which was subsequently revoked, and which accounts shall be given in the fresh petition, I hereby mark this file as closed.

2. These directions to be typed and given to the parties.

3. I so direct.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE