[2017] KEHC 319 (KLR)
The court found that the applicant had demonstrated sufficient cause for early confirmation of the grant, namely the urgent need for funds to pay school fees for dependants and the absence of capital assets in the estate. The court was satisfied that all beneficiaries had consented to the application and the...
Source-derived case information.
- Citation
- [2017] KEHC 319 (KLR)
- Parties
- Applicant: Jack Mwangi Ndirangu; Respondent: Estate of Mary Mumbi Mwangi (Deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 380 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Grant confirmed before expiry of six months; costs in the cause.
- Judges
- AG Ndung'u
- Legal Topics
- 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
Jack Mwangi Ndirangu
Applicant
Estate of Mary Mumbi Mwangi (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the court should confirm the grant of letters of administration before the lapse of six months from the date of issuance.
- 2 Whether the beneficiaries have consented to the early confirmation and proposed mode of distribution.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for early confirmation of the grant, namely the urgent need for funds to pay school fees for dependants and the absence of capital assets in the estate. The court was satisfied that all beneficiaries had consented to the application and the proposed mode of distribution. Accordingly, the court exercised its discretion under the Law of Succession Act to confirm the grant before the lapse of six months from its issuance.
Court Disposition
Grant confirmed before expiry of six months; costs in the cause.
Orders
- The grant of letters of administration is confirmed in terms of paragraph 5 of the supporting affidavit.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NO 380 OF 2016
IN THE MATTER OF THE ESTATE OF THE MARY MUMBI MWANGU – (DECEASED)
RULING
1. By way of an amended summons for confirmation of grant dated 6th July, 2017, Jack Mwangi Ndirangu the administrator of the estate of Mary Mumbi Mwangi (Deceased) seeks orders:
1(a) That this court be pleased to order that the grant herein be confirmed notwithstanding that a period of six (6) months has not lapsed since the grant was made.
2. That costs of this application be provided for.
2. The application is based on the grounds that:
a) The beneficiaries consent to this application
b) Funds are needed urgently to pay school fees for dependants of the petitioner.
c) The estate does not have capital assets.
3. These facts are reiterated in the supporting affidavit and the mode of distribution is provided for under paragraph 5 of the affidavit. Consents to the distribution are annexed.
4. I have considered the application, the supporting grounds and affidavit on record together with the annextures.
5. I am persuaded that this is a proper case for the confirmation of grant notwithstanding that six (6) months have not elapsed since the issuance of the grant.
6. Consequently, I confirm the grant herein in terms of paragraph 5 of the supporting affidavit.
Costs shall be in the cause.
Dated, Signed and Delivered at Nakuru this 23rd day of February, 2017.
A. K. NDUNG'U
JUDGE