In re Estate of Zedekia Oluoch Ayara alias Zedekia Oluoch (Deceased) [2023] KEHC 17522 (KLR)

In re Estate of Zedekia Oluoch Ayara alias Zedekia Oluoch (Deceased) (Succession Cause 1372 of 2013) [2023] KEHC 17522 (KLR) (22 May 2023) (Ruling)

Neutral citation: [2023] KEHC 17522 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 1372 of 2013

RE Aburili, J

May 22, 2023

In the matter of

Salome Chore Oduk

1st Applicant

William Samba Oduk

2nd Applicant

Ruling

1. On October 3, 2022, the court issued a Grant of Letters of Administration Intestate to the Petitioners/Administrators Salome Chore Oduk and William Samba Oduk in respect of the estate of Zedekia Oluoch Ayara.

2. Regrettably, by that date, Salome Chore Oduk, one of the administrators had died on January 18, 2022.

3. The surviving administrator has by Summons for confirmation of grant dated April 4, 2023 applied for confirmation of the said grant.

4. As one of the administrators is dead and there is no other surviving beneficiary, as evidenced by the Chief’s letter dated January 20, 2015 and the death certificates shown to court, I hereby substitute the administrator Salome Chore Oduk with William Samba Oduk to solely administer the estate.

5. I further recall, annul and revoke the grant issued on October 3, 2022 and order that a fresh amended grant do reissue in the name of William Samba Oduk.

6. I further confirm the reissued grant and apportion to the sole administrator and beneficiary William Samba Oduk ID No xxxx the property Kisumu/Karateng/866 which shall vest in him wholly as per the schedule of distribution of the estate annexed and contained in the Supporting affidavit sworn on April 4, 2023.

7. The death certificates mentioned above to be photocopied and filed.

8. The full administration to be completed within six (6) months and in accordance with Section 83 of the Law of Succession Act, a true and full account of the estate as administered be filed into court.

9. Certificate of confirmation of grant to issue forthwith.

10. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF MAY, 2023R. E. ABURILIJUDGE