1.This Succession Cause was filed in 2007. A grant was issued on 3rd September 2007 to Margaret Achieng Shombe and Maxwel Omondi Shombe as administrators of the estate of the late Thomas Shombe Miyawa.
2.There were minor children of the deceased.
3.On 4th April 2008, the grant was confirmed and from the record, part of the estate was distributed, being money held in Standard Chartered Bank as per the letter of 4th April 2008.
4.The Administrators have never filed into court a true and accurate account of the distribution of the estate as required under Section 83 of the Law of Succession Act.
5.In addition, the property land parcel No. Kisumu/Korando/1995 was to be registered in the administrator’s names as whole meaning they were to be the sole owners which is erroneous because there are other beneficiaries of the estate and therefore there ought to have been a distribution to each one of them, and in the case of minors, the administrators would hold the shares of minors in trust for the minors.
6.In the absence of evidence of full distribution of the estate of the deceased and due to lapse of time, I find the grant which was issued on 3rd September 2007 and confirmed on 4th April 2008 inoperative and useless.
7.The family to petition for a fresh grant before the Chief Magistrate’s court which has jurisdiction over the matter as the estates value is unlikely to exceed Kshs.20,000,000/=.
8.This file is closed and shall not be opened.
9.I so order.