[2009] KEHC 1160 (KLR)

[2009] KEHC 1160 (KLR)

The court confirmed the grant on the basis that the only assets of the deceased were insurance benefits, the beneficiaries had agreed on the mode of distribution, and this agreement was supported by a letter from the Chief Plateau Location. There was no dispute among the beneficiaries, and the application was...

Source-derived case information.

Citation
[2009] KEHC 1160 (KLR)
Parties
Applicant: Mary Chelel Toroitich; Deceased: Anne Jesang Toroitich
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 41 of 2008
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
grant confirmed
Judges
JL Osiemo
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mary Chelel Toroitich

Applicant

Anne Jesang Toroitich

Deceased

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the grant of representation to the estate of Anne Jesang Toroitich should be confirmed.
  2. 2 Whether the proposed mode of distribution of the estate is acceptable to the court.

Ratio Decidendi

The court confirmed the grant on the basis that the only assets of the deceased were insurance benefits, the beneficiaries had agreed on the mode of distribution, and this agreement was supported by a letter from the Chief Plateau Location. There was no dispute among the beneficiaries, and the application was unopposed. The court was satisfied that the requirements for confirmation under the Law of Succession Act had been met, and therefore confirmed the grant in terms of the affidavit supporting the summons for confirmation.

Court Disposition

grant confirmed

Orders

  • The grant issued to Mary Chelel Toroitich on 3rd September, 2008 is confirmed in terms of paragraph five (5) of the affidavit in support of the Summons for Confirmation.