[2013] KEHC 3772 (KLR)

The court found that the proposed mode of distribution as set out in the joint affidavit of the administrators conformed to Section 38 of the Law of Succession Act. The judge was satisfied that the requirements for confirmation of grant had been met and therefore allowed the application, confirming the grant made on 2nd October 2009 to the administrators. The estate was ordered to devolve as proposed in the affidavit.

Citation: [2013] KEHC 3772 (KLR)
Parties: Applicant: Agnes Kiraithe; Applicant: Joseph Kuria Mwangi
Court: High Court
Court Station: High Court at Nairobi (Milimani Law Courts)
Jurisdiction: Kenya
Judgment Date: 2 May 2013
Case Number: Succession Cause 1297 of 2009
Procedural Posture: Succession Cause / Confirmation of Grant
Outcome: Application for confirmation of grant allowed. Grant confirmed.
Judges: DN Musyoka
Legal Topics: Confirmation of Grant, Intestate Succession, Distribution of Estate
Source Language: English

Family and Children Confirmation of Grant Intestate Succession Distribution of Estate

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Parties

Agnes Kiraithe

Applicant

Joseph Kuria Mwangi

Applicant

Procedural Posture

Succession Cause / Confirmation of Grant

Legal Issues

1 Whether the proposed mode of distribution of the estate conforms to Section 38 of the Law of Succession Act.
2 Whether the grant made on 2nd October 2009 should be confirmed.

Ratio Decidendi

Court Disposition

Application for confirmation of grant allowed. Grant confirmed.

Orders

The grant made on 2nd October 2009 to Agnes Kiraithe and Joseph Kuria Mwangi is confirmed.
The estate shall devolve as proposed in paragraph 5 of the joint affidavit of the administrators sworn on 15th December 2012.