[2014] KEHC 1324 (KLR)

[2014] KEHC 1324 (KLR)

The court found that all beneficiaries had consented to the confirmation of the grant, the rectification of the deceased's name was justified, and the inclusion of parcel Mungala/1484 as a liability to be transferred to the purchaser was proper since the deceased had disposed of it during his lifetime. The court also accepted the proposal that parcel Iveti/Mungala/1482 be held in trust for other beneficiaries. Accordingly, the grant was confirmed as prayed.

Citation
[2014] KEHC 1324 (KLR)
Parties
Applicant: Esther Mbeke John; Applicant: Richard Musau Munyao
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
24 October 2014
Case Number
Succession Cause 666 of 2012
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Outcome
Grant confirmed as prayed; orders issued as sought by applicants.
Judges
LN Mutende
Legal Topics
Confirmation of Grant, Rectification of Name, Distribution of Estate, Liabilities of Estate
Source Language
English
Family and Children Confirmation of Grant Rectification of Name Distribution of Estate Liabilities of Estate

Case Brief

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Parties

Esther Mbeke John

Applicant

Richard Musau Munyao

Applicant

Procedural Posture

Succession Cause / Ruling on Application for Confirmation of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration intestate should be confirmed.
  2. 2 Whether the name of the deceased should be rectified in the grant.
  3. 3 Whether parcel Mungala/1484 should be included as a liability to be transferred to the purchaser.

Ratio Decidendi

The court found that all beneficiaries had consented to the confirmation of the grant, the rectification of the deceased's name was justified, and the inclusion of parcel Mungala/1484 as a liability to be transferred to the purchaser was proper since the deceased had disposed of it during his lifetime. The court also accepted the proposal that parcel Iveti/Mungala/1482 be held in trust for other beneficiaries. Accordingly, the grant was confirmed as prayed.

Court Disposition

Grant confirmed as prayed; orders issued as sought by applicants.

Orders

  • The grant of letters of administration intestate is confirmed.
  • The name of the deceased in the grant is rectified to read John Munyao Mumo alias John Munyao.