Case ID:181533

In re Estate of Naftali Hutton Ayodi (Deceased)

[2021] eKLR

Case Metadata

Case Number:

Succession Cause 17 of 2019

Parties:

In re Estate of Naftali Hutton Ayodi (Deceased)

Date Delivered:

17 Sep 2021

Case Class:

Civil

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

In re Estate of Naftali Hutton Ayodi (Deceased)

[2021] eKLR

Court Division:

Family

County:

Kakamega

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 KAKAMEGA

SUCCESSION CAUSE NO. 17 OF 2019

IN THE MATTER OF THE ESTATE OF NAFTALI HUTTON AYODI (DECEASED)

RULING

1. The deceased herein died testate, having made a valid will on 18

th

January 2008. The executors named in the will, Teddy Brown Ayodi and Joanne Gimase Ayodi, petitioned for a grant of probate of the will of the deceased, but the court registry, for unknown reasons, caused the

Kenya Gazette

to publish that the deceased had died intestate, and a grant of letters of administration intestate was made to the two executors on that basis.

2. When the matter came up for hearing of the summons filed by the executors, dated 25

th

February 2021, for confirmation of their grant, on 17

th

May 2021, it came to my notice that the court had processed a grant in intestacy rather than a grant of probate of the written will that the executors had presented to the court. I directed that the grant of letters of administration intestate made to them on 22

nd

July 2020, and issued on 30

th

July 2020, be cancelled, and a grant of probate of the will of the deceased be issued to them instead.

3. In addition, I reserved the matter for ruling, to enable me go through the record with a view to ascertain whether the grant of probate made on 17

th

May 2021 could be confirmed based on the summons dated 23th February 2021.

4. Since the deceased died testate, distribution of his estate ought to be as per the terms of his will. I have looked at the proposals made in the summons of 25

th

February 2021, the same were of course based on grant in intestacy, but it conforms with the terms of the will of 18

th

January 2008. I have seen the consents executed by the beneficiaries, and I note that 3 of the beneficiaries attended court at the confirmation hearing.

5. The order that commends itself to me, to make in the circumstances, is that the grant of probate, that I made to the executors herein on 17

th

May 2021, is hereby confirmed. The estate of the deceased shall be distributed as per the terms of his will, made on 18

th

January 2008. A certificate of confirmation of grant shall issue to the executors in those terms.

6. It is so ordered.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 17

TH

DAY OF SEPTEMBER, 2021

W. MUSYOKA

JUDGE