[2018] KEHC 8240 (KLR)
The court found that all beneficiaries of the deceased's estate, including Michael Gichuhi Karimi who had initially not consented due to being out of the country but later filed his consent, had agreed to the proposed distribution of the estate. There being no objection to the application for confirmation of grant,...
Source-derived case information.
- Citation
- [2018] KEHC 8240 (KLR)
- Parties
- Applicant: Jane Wangui Karimi; Respondent: Rabah Wanjiru Karimi; Respondent: Mary Wairimu Karimi; Respondent: Michael Gichuhi Karimi; Respondent: Janet Wangechi Karimi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 39 of 2016
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- NA Matheka
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wangui Karimi
Applicant
Rabah Wanjiru Karimi
Respondent
Mary Wairimu Karimi
Respondent
Michael Gichuhi Karimi
Respondent
Janet Wangechi Karimi
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in favour of the applicant.
- 2 Whether all beneficiaries have consented to the proposed mode of distribution of the estate.
Ratio Decidendi
The court found that all beneficiaries of the deceased's estate, including Michael Gichuhi Karimi who had initially not consented due to being out of the country but later filed his consent, had agreed to the proposed distribution of the estate. There being no objection to the application for confirmation of grant, and all procedural requirements having been met, the court confirmed the grant and ordered the transfer of the listed assets to the applicant as per the beneficiaries' consent.
Court Disposition
grant confirmed
Orders
- The deceased's estate comprising NYERI/MUNICIPALITY BLOCK 13/2, 4 ACRES LR NO. 755/14 1R 7803, Equity Account No. xxxxxxxxxxx, and Safaricom shares be transferred to the applicant.
- No orders as to costs.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 39 OF 2016
IN THE MATTER OF THE ESTATE OF LATE CYRUS JEREMIAH alias
KARIMI CYRUS JEREMIAH alias KARIMI GICHUHI (DECEASED)
JANE WANGUI KARIMI……………………………………..PETITIONER
R U L I N G
What is before me is the summons for confirmation of grant dated 20th December 2016, in respect of the estate of CYRUS JEREMIAH alias KARIMI CYRUS JEREMIAH alias KARIMI GICHUHI (DECEASED) who died on the 25th October 2015. It is supported by the affidavit of Jane Wangui Karimi, the petitioner.
At paragraph 5 she sets out the deceased’s estate as
NYERI/MUNICIPALITY BLOCK 13/2
4 ACRES LR NO. 755/14 1R 7803
EQUITY ACCOUNT NO . xxxxxx
SAFARICOM SHARES
and the identification and shares of all persons beneficially entitled as herself and her children viz;
RAHAB WANJIRU KARIMI
MARY WAIRIMU KARIMI
MICHAEL GICHUHI KARIMI
JANET WANGECHI KARIMI
At paragraph 8 that all the properties are to be transferred to her as per the consent of her children above.
The only person beneficiary entitled who had not signed the consent and could not appear in court to give it was Michael Gichuhi Karimi as he was out of the country.
The summons for confirmation of grant was deferred pending his application/filing his appearance/filing of appropriate documents indicating his position.
In September, 2017 he was in the country and filed his affidavit and supporting annextures, sworn on 26/9/17. He gives his consent.
There being no objection to the application, the same is granted as prayed.
The deceased estate comprising of the properties here below be transferred to the applicant;
NYERI/MUNICIPALITY BLOCK 13/2
4 ACRES LR NO. 755/14 1R 7803
EQUITY ACCOUNT No. xxxxxxxxxxx
SAFARICOM SHARES
No orders as to costs
Dated, delivered and signed this 24th January 2018 at Nyeri
Teresia M Matheka
Judge