[2018] KEHC 7987 (KLR)
The court found that the statutory six-month waiting period for confirmation of grant under Section 71 of the Law of Succession Act may be dispensed with where sufficient cause is shown. In this case, the estate consisted mainly of monetary benefits and a single land asset, and the beneficiaries had already agreed...
Source-derived case information.
- Citation
- [2018] KEHC 7987 (KLR)
- Parties
- Applicant: Public Trustee; Respondent: Ali Adan Abdullah (representing the family of the deceased)
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 24 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- application for confirmation of grant allowed; grant confirmed
- Judges
- GMA Dulu
- Legal Topics
- Succession of Estates, Confirmation of Grant, Islamic Law of Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Public Trustee
Applicant
Ali Adan Abdullah (representing the family of the deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration can be confirmed before the lapse of the statutory six months period.
- 2 Whether the distribution of the estate as determined by the Kadhi's court under Islamic law should be adopted by the High Court.
Ratio Decidendi
The court found that the statutory six-month waiting period for confirmation of grant under Section 71 of the Law of Succession Act may be dispensed with where sufficient cause is shown. In this case, the estate consisted mainly of monetary benefits and a single land asset, and the beneficiaries had already agreed to the distribution as determined by the Kadhi's Court under Islamic law. There was no objection from any beneficiary, and the family was represented in court. The court was satisfied that the requirements for early confirmation were met and that the distribution as per the Kadhi's Court was just and in accordance with the law. Accordingly, the court confirmed the grant and...
Court Disposition
application for confirmation of grant allowed; grant confirmed
Orders
- The letters of administration issued to the Public Trustee are confirmed.
- Distribution of the assets shall be as determined by the Kadhi's Court at Mandera.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 24 OF 2016
IN THE MATTER OF THE ESTATE OF ADAN ABDULLAHI MANOOR (DECEASED).
RULING
1. Before me is a summons for confirmation of grant dated 18th October, 2017 filed by the Public Trustee under Section 71 of the Law Succession Act (Cap. 60) in the estate of the late Adan Abdullahi Manoor.
2. The application was filed before the lapse of the statutory six months period from 28th September, 2017 when the initial grant of letters of administration was issued by this court to the Public Trustee.
3. The Assistant Public Trustee Mr. Mioyogo who prosecuted the application however, informed me that the reason why he applied for confirmation of grant before the lapse of the statutory period of six months from the date when the initial grant of letters of administration was issued was that the estate comprised mainly of money in the form of gratuity or terminal benefits from the employer of the deceased, and that the only land asset was to be registered in the name of the widow of the deceased as agreed to by all the children. He thus asked me to allow the application under the provisions of Section 71 (3) of the Law of Succession Act (Cap.60).
4. The Assistant Public Trustee also informed me that the mode of distribution of the assets of the estate had already been determined by the Kadhi’s Court at Mandera in accordance with Islamic law of succession and inheritance and that there was no objection to that decision, whose contents had been filed in this succession cause.
5. In attendance in court on the hearing date of the application was Ali Adan Abdullah the second son of the deceased who informed me that he came to represent the family of the deceased in the matter as his mother and other children were far away in Mandera and could not attend court. He had no dispute regarding the distribution of the assets determined by the Kadhi’s court.
6. Having considered the above, I am of the view that there is no reason why this court should not confirm the grant of letters of administration herein as I have seen a letter dated 8th September, 2016 from the Kadhi’s court at Mandera confirming the distribution of the assets of the estate under Islamic law of succession and inheritance.
7. I thus allow the application and order that the letters of administration herein issued to the Public Trustee be and are hereby confirmed. The distribution of the assets will be as has been determined by the Kadhi’s court. Certificate of confirmed grant of letters of administration to issue.
Dated and delivered at Garissa on 14th February, 2018
George Dulu
JUDGE