[2016] KEHC 1606 (KLR)
The court found that the application for confirmation of grant, though filed before the statutory six-month period had lapsed, was justified due to the advanced age of some beneficiaries and the fact that the distribution of the estate had already been determined by the Kadhi’s court under Islamic law. The court saw...
Source-derived case information.
- Citation
- [2016] KEHC 1606 (KLR)
- Parties
- Applicant: Assistant Public Trustee Garissa; Respondent: Public Trustee
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 39 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application for confirmation of grant allowed; grant confirmed
- Judges
- GMA Dulu
- Legal Topics
- Succession, Confirmation of Grant, Islamic Law Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Assistant Public Trustee Garissa
Applicant
Public Trustee
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant filed before the lapse of the statutory period is permissible.
- 2 Whether the distribution of the estate as determined by the Kadhi's court under Islamic law should be adopted.
Ratio Decidendi
The court found that the application for confirmation of grant, though filed before the statutory six-month period had lapsed, was justified due to the advanced age of some beneficiaries and the fact that the distribution of the estate had already been determined by the Kadhi’s court under Islamic law. The court saw no reason to disallow the application and confirmed the grant, directing that the distribution of assets proceed as determined by the Kadhi’s court.
Court Disposition
application for confirmation of grant allowed; grant confirmed
Orders
- Letters of administration issued to the Public Trustee are confirmed.
- Distribution of assets to be as determined by the Kadhi’s court.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 39 OF 2015
IN THE MATTER OF THE ESTATE OF ABDI SALAN NURU (DECEASED).
RULING
Before me is an application for confirmation of grant dated 29th July 2016 filed by the Assistant Public Trustee Garissa for confirmation of grant of letters of administration herein.
The application was filed before the lapse of the statutory period of 6 months from 12th July 2016 when the initial grant of letters of administration was issued to the Public Trustee.
The Assistant Public Trustee Mr. Miyogo has however explained orally in court that the estate is only composed of monetary gratuity and that some of the beneficiaries are very old. In addition, the distribution of the estate had already been determined under Islamic law by the Kadhi’s court.
I have myself seen the distribution of the estate determined under Islamic law by the Kadhi at Wajir in Administration Cause No. 29 of 2015. I thus find no reason to disallow the application.
I allow the application and hereby confirm the letters of administration issued to the Public Trustee herein. Distribution of assets will be as has been determined by the Kadhi’s court.
Certificate of confirmed grant to issue.
Dated and delivered at Garissa this 16th November 2016.
GEORGE DULU
JUDGE