[2013] KEHC 3966 (KLR)
The court found that the proposed distribution of the deceased's estate by the applicants was in conformity with the law, specifically Section 71 of the Law of Succession Act. As such, the court allowed the application for confirmation of grant and ordered that the estate be distributed as proposed by the applicants.
Source-derived case information.
- Citation
- [2013] KEHC 3966 (KLR)
- Parties
- Applicant: Daudi Nduati Kwamuma (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 126 of 2012
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed. Estate to be distributed as proposed. Costs in the cause.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daudi Nduati Kwamuma (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the proposed distribution of the deceased's estate conforms with the Law of Succession Act.
Ratio Decidendi
The court found that the proposed distribution of the deceased's estate by the applicants was in conformity with the law, specifically Section 71 of the Law of Succession Act. As such, the court allowed the application for confirmation of grant and ordered that the estate be distributed as proposed by the applicants.
Court Disposition
Application for confirmation of grant allowed. Estate to be distributed as proposed. Costs in the cause.
Orders
- The estate of the deceased shall be distributed as proposed by the applicants.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Succession Cause 126 of 2012 [if gte mso 9]><xml>
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IN THE MATTER OF THE ESTATE OF DAUDI NDUATI KWAMUMA (DECEASED)
RULING
The Summons dated 11th March 2013 is for the confirmation of the grant of letters of administration made to the applicants on 30th July 2012. It is presumed that it is premised on Section 71 of the Law of Succession Act. The proposed distribution appears to be in conformity with the law. I will allow it. The estate of the deceased shall be distributed as proposed. Costs will be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 29th DAY OF April, 2013.
W.M. Musyoka
Judge