In re Estate of Onyando Omer (Deceased) [2024] KEHC 2395 (KLR)

In re Estate of Onyando Omer (Deceased) (Succession Cause E007 of 2023) [2024] KEHC 2395 (KLR) (6 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2395 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause E007 of 2023

RE Aburili, J

March 6, 2024

IN THE MATTER OF THE ESTATE OF ONYANDO OMER (DECEASED) AND IN THE MATTER OF APPLICATION BY THOMAS OCHIENG’ OMER – APPLICANT

Ruling

1. On 5th July 2023, Hon. M. S. Shariff J. of High Court 2 declined to issue a grant on account that the Petitioner and beneficiaries as listed described themselves as sons of the deceased Onyando Omer, instead of grandsons.

2. The learned Judge is indisposed and away this week. The matter has come to me as duty Judge and it is now clear that the Petitioner has rectified that position by obtaining a fresh letter of introduction from the Chief dated 31st October 2023 and the Gazette Notice dated 26th January 2024 vide Volume CXXVI No. 10 shows that the Petitioner is now as gazetted, described as grandson of the deceased.

3. As there is no objection to making of grant and 60 days have since lapsed from 26th January 2024, I hereby allow the application dated 4th March 2024 and issue grant of letters of administration intestate to the Petitioner Thomas Ochieng Omer to administer the estate of the late Onyando Omer.

4. Having done so, I observe that there is no evidence that the two listed parcels of land of the estate exceed twenty million Kenya Shillings.

5. For the above reasons, I hereby order that upon signing of the grant, this file be transferred to the Chief Magistrate’s Court at Kisumu for purposes of hearing on confirmation/distribution of the estate.

6. The Petitioner shall file summons for confirmation of grant within six (6) months of today before the Chief Magistrate’s Court, listing all the assets of the estate and identifying all beneficiaries of the estate and their respective shares in the estate.

7. This file is accordingly closed. The petitioner’s counsel to be notified of this ruling.

8. Ruling to be typed.

9. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MARCH, 2024R. E. ABURILIJUDGE