In re Estate of Oplol Ongamo (Deceased) [2022] KEHC 11442 (KLR)

In re Estate of Oplol Ongamo (Deceased) (Probate & Administration 31 of 2010) [2022] KEHC 11442 (KLR) (7 July 2022) (Ruling)

Neutral citation: [2022] KEHC 11442 (KLR)

Republic of Kenya

In the High Court at Busia

Probate & Administration 31 of 2010

JR Karanja, J

July 7, 2022

IN THE MATTER OF THE ESTATE OF THE LATE OPLOL ONGAMO (DECEASED)

Between

Francis Ongamo Olugari

1st Petitioner

Erineo Esikedi

2nd Petitioner

and

Didimos Osikedi Ongamo

Objector

Ruling

1. The new or fresh grant of letters of administration respecting the estate of the late Opolo Ongamo (deceased) was issued on 12th October 2020 to Francis Ongamo Olugari (petitioner) and Didimos Osikedo Ongamo (objector) and on the 7th December 2021, the two filed an application for conformation of the grant vide the summons for confirmation of grant dated 3rd December 2021. The affidavit in support of the application was however, deponed by the petitioner alone. It was no wonder that the objector filed a protest to confirmation of grant vide the affidavit of protest, dated 7th February 2022. Hearing of the protest was by way of written submissions. In that regard both parties filed their respective submissions which have been given due consideration by this court in light of the grounds in support of the application and those in opposition thereto.

2. Under S.71 of the Law of Succession Act, in intestate succession such as the present one a grant of letters of administration cannot be confirmed until the court is satisfied as to the respective identities and shares if all rightful and proper beneficiaries and when confirmed such grant shall specify all such persons and their respective shares.The protest by the second administrator/objector implies that the parties did not agree on the distribution of the estate as they are uncertain as to the actual and/or rightful beneficiaries of the estate and their respective shares in the property. This was clearly demonstrated by the fact that the proposals made by the petitioner/first administrator and the objector/second administrator in the summons for confirmation of grant and the affidavit of protest respectively are at variance with regard to the identity of the beneficiaries and their respective shares in the estate.

3. In the circumstances, the grant is not ripe for confirmation and would not be ripe for confirmation until the parties agree on the rightful beneficiaries and their respective shares in the estate property being parcel No.LR No.South Teso/Chakol/698. In the upshot, the protest is merited and allowed to the extent that the parties shall engage and agree on the rightful beneficiaries of the estate and their respective shares before taking out fresh summons for confirmation of grant within the next (6) months from this date hereof. In that regard, the summons for confirmation of grant dated 3rd December 2021 are hereby struck out and dismissed.A mention date shall be taken on the way forward and/or further orders.

J.R. KARANJAHJ U D G EREAD & SIGNED THIS 7TH DAY OF JULY 2022