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In re Estate of Elisha Ooro Mboya (Deceased) (Succession Cause E003 of 2021) [2025] KEHC 5820 (KLR) (9 May 2025) (Ruling)

In re Estate of Elisha Ooro Mboya (Deceased) (Succession Cause E003 of 2021) [2025] KEHC 5820 (KLR) (9 May 2025) (Ruling)
Citation
In re Estate of Elisha Ooro Mboya (Deceased) [2025] KEHC 5820 (KLR)
Media Neutral Citation
[2025] KEHC 5820 (KLR)
Court
High Court
Court station
High Court at Homa Bay
Outcome
Allowed
Case number
Succession Cause E003 of 2021
Judges
OA Sewe
Judgment date
9 May 2025
Language
English
Type
Judgment
Original source file
Download DOCX (62.2 KB)
Collections
Date published
13 May 2025
Case action
Ruling
Court division
Family
Filing county
Homa Bay
Order
In the premises, the summons dated 14th October, 2024 is hereby allowed and orders granted as follows: a. That Grant of Letters of Administration Intestate be issued in the joint names of Josephine Mboya, Joshua Mboya and Beatrice Akelo Mboya. b. That costs of the application be in the cause.
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1.The summons dated 14th October, 2024 was filed by Josephine Mboya for orders that:a.Grant of letters of Administration Intestate in respect of the Estate of Elisha Ooro Mboya, be issued in the joint names of herself, Joshua Mboya and Beatrice Akelo Mboya.b.The costs of the application be in the cause.
2.The application was based on the grounds set out in the supporting Affidavit sworn by the applicant on 14th October, 2024, in which she deposed that the Court directed that the Grant be issued in their joint names after hearing an objection application filed herein by one of the beneficiaries.
3.I have perused the documents on record as well as the proceedings to date. The record confirms that indeed on the 8th November, 2023, the Court (Hon. Kiarie, J.) delivered a Ruling in respect of the objection application dated 9th June 2021. The application was filed by Beatrice Akello Mboya. The court ordered that:“The deceased herein was in a polygamous union. It is not clear whether he had three of four wives for each of the present parties indicated differently. In order to expedite this matter, I make an order that the petitioner herein be joint petitioners with the representatives of the other two undisputed houses and all the beneficiaries and assets be listed before a formal grant can issue.”
4.The application was conceded to by counsel for the objector. In the premises, the summons dated 14th October, 2024 is hereby allowed and orders granted as follows:a.That Grant of Letters of Administration Intestate be issued in the joint names of Josephine Mboya, Joshua Mboya and Beatrice Akelo Mboya.b.That costs of the application be in the cause.It is so ordered.
DATED SIGNED AND DELIVERED VIRTUALLY AT HOMA BAY THIS 9TH DAY OF MAY 2025.SIGNED BY: HON. LADY JUSTICE OLGA A. SEWETHE JUDICIARY OF KENYA.HOMABAY HIGH COURTHIGH COURT DIVDATE: 2025-05-09 16:21:48
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