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In re Estate of Kevin John Ombajo (Deceased) (Succession Cause 555 of 2018) [2023] KEHC 18583 (KLR) (Family) (2 June 2023) (Ruling)

[2023] KEHC 18583 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
18583
Citation
[2023] KEHC 18583 (KLR)
Decided
2 June 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccession CausePostureAppeal from the High Court's judgment of 7th July 2021CoramMA ODERO
Holding

The Respondent's appeal is pending, and the estate should be administered in accordance with the will.

Facts

The Deceased, Kevin John Ombajo, died testate in 2017, leaving a will and an estate worth Kshs.80,000,000. His widow, Tracy Kamene, and his sister, Jacqueline Vivian Akinyi, were named as co-executors. The High Court confirmed the validity of the will on 7th July 2021.

Issues

  1. Whether the Respondent should be compelled to execute transfer forms for the estate
  2. Whether the estate should be distributed pending the Respondent's appeal

Reasoning

The court upholds the validity of the will and the distribution of the estate as per the will. The Respondent's appeal is pending, and the estate should be administered accordingly.

Outcome

The Respondent's appeal is pending, and the estate should be administered in accordance with the will.

Orders

  • The Respondent is not compelled to execute transfer forms for the estate
  • The estate should be administered in accordance with the will

Authorities cited

Legislation (1)
  • Succession Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.3 MB · PDF

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