Case ID:166654

In re Estate of the Late Isaac Eliud Ndweyi Peter Okoth [2019] eKLR

Case Metadata

Case Number:

Succession Cause 121 of 2016

Parties:

In re Estate of the Late Isaac Eliud Ndweyi Peter Okoth

Date Delivered:

08 Jul 2019

Case Class:

Civil

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

In re Estate of the Late Isaac Eliud Ndweyi Peter Okoth [2019] eKLR

Court Division:

Family

County:

Siaya

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

SUCCESSION CAUSE NO. 121 OF 2016

IN THE MATTER OF THE ESTATE OF THE LATE ISAAC ELIUD NDWEYI PETER OKOTH

ELIUD NDWEYI PETER OKOTH.........................................DECEASED

VERSUS

JANE AGUTU NDWEYI AND ANOTHER.......................PETITIONERS

(Formerly Kisumu High Court Succession Cause No. 340 of 2015)

RULING

1. I have considered the summons for confirmation of the grant dated 17/4/2019 in respect of grant made on 12/1/2017 in favour of Jane Agutu Ndweyi Okoth and Samuel Peter Okoth Ndweyi. I have also considered the Affidavit in support of the summons and the further affidavits filed on 4/7/2019 attaching a schedule of distribution of the Estate.

2. I have also examined the beneficiaries who are before the court and the affidavits of the beneficiaries who are out of the country and those who are not present but sworn no objection affidavits.

3. I am satisfied that the Estate of the deceased Isaac Eliud Ndweyi Peter Okoth is fully and equitably distributed among the bonafide beneficiaries thereof by agreement as per the schedule of distribution attached save that the widow, Mrs. Jane Agutu Ndweyi Okoth shall in addition to holding Land Parcel

No. East Gem/Marenyo/1516

in trust for the minor John Paul Opiyo Ndweyi, she will also hold a life interest in the said parcel of the land as that is where her homestead is and should she predecease John Paul Opiyo Ndweyi, the whole parcel will be wholly owned by the said John Paul Opiyo Ndweyi.

4. Accordingly, the grant of letters of Administration intestate of the estate of the late Isaac Eliud Ndweyi Peter Okoth issued to Jane Agutu Ndweyi Okoth and Samuel Peter Okoth Ndweyi on 12/1/2017 be and is hereby confirmed.

5. Orders accordingly.

Dated, signed and Delivered at Siaya this 8

th

Day of July 2019

R.E. ABURILI

JUDGE