In re Estate of Nyateng Muga Oluoch (Deceased) [2023] KEHC 18634 (KLR)

In re Estate of Nyateng Muga Oluoch (Deceased) (Succession Cause 517 of 2000) [2023] KEHC 18634 (KLR) (5 June 2023) (Ruling)

Neutral citation: [2023] KEHC 18634 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 517 of 2000

RE Aburili, J

June 5, 2023

IN THE MATTER OF THE ESTATE OF: NYATENG MUGA OLUOCH (DECEASED)

In the matter of

Lucas Oloo Awiti

Applicant

Ruling

1. I have considered the summons for confirmation of grant dated April 19, 2018. The grant was issued to the Petitioner herein on October 26, 2000 to administer the estate of the deceased Nyateng Muga Oluoch.

2. The beneficiaries attended court on May 17, 2023 and were interviewed by this court. They all agreed to the mode of distribution of the estate as proposed in the then annexed schedule of distribution. However, the married daughters stated that they were not interested in the share of the estate and they have subsequently filed their affidavits of renunciation on May 30, 2023.

3. This court then directed the administrator to file a fresh schedule of distribution of the estate of the deceased which was filed on June 2, 2023 vide supplementary affidavit.

4. I have considered the fresh schedule which takes into account the interests of all the surviving beneficiaries.

5. I hereby confirm the grant issued on October 26, 2000 and order that a certificate of confirmation of grant do issue upon counsel supplying the court with the schedule of distribution in a tabulated format forthwith.

6. The administrator to complete the process of administration of the estate within six (6) months of today and file into court a true and accurate account of the estate of the deceased in accordance with Section 83 of the Law of Succession Act.

7. File closed.

Dated, Signed and Delivered at Kisumu this 5thDay of June, 2023R. E. ABURILIJUDGEPage 2 of 2