[2022] KEHC 1508 (KLR)
The court found that the applicants had provided sufficient documentary evidence to establish that the seven additional properties belonged to the deceased. In the absence of any objection and pursuant to the court's powers under section 47 of the Law of Succession Act, the application to revise the confirmed grant...
Source-derived case information.
- Citation
- [2022] KEHC 1508 (KLR)
- Parties
- Applicant: Charles Kasyoka Malinda; Applicant: Sarah Wavinya Malinda-Kilonzo
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 15 of 2019
- Procedural Posture
- Probate and Administration / Ruling on Application to Revise Confirmed Grant
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Succession, Probate, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kasyoka Malinda
Applicant
Sarah Wavinya Malinda-Kilonzo
Applicant
Procedural Posture
Probate and Administration / Ruling on Application to Revise Confirmed Grant
Legal Issues
- 1 Whether the seven additional properties should be included in the confirmed grant of probate for the estate of the deceased.
- 2 Whether sufficient evidence was provided to prove the assets belong to the deceased.
Ratio Decidendi
The court found that the applicants had provided sufficient documentary evidence to establish that the seven additional properties belonged to the deceased. In the absence of any objection and pursuant to the court's powers under section 47 of the Law of Succession Act, the application to revise the confirmed grant was allowed. The court ordered that the additional assets be included in the confirmed grant of probate, ensuring the estate is fully and properly administered according to law.
Court Disposition
application allowed
Orders
- The application dated 14th July 2021 is allowed.
- The seven additional assets are included in the confirmed grant of probate.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HC. P&A NO. 15 OF 2019
IN THE MATTER OF THE ESTATE OF THE LATE BLANCHE WAYUA
THOMAS MALINDA aliasBLANCHE WAYUA MALINDA (DECEASED)
CHARLES KASYOKA MALINDA alias
CHARLES KASYOKA THOMAS MALINDA.........................1ST ADMINISTRATOR
SARAH WAVINYA MALINDA – KILONZO alias
SARAH WAVINYA THOMAS MALINDA- KILONZO......2ND ADMINISTRATOR
RULING
1. Before me is an application brought by way of Notice of Motion dated 14th July 2021 filed by the executor and executrix through counsel Koki Mbulu & company for revision of the confirmed grant of probate in respect of the assets of the deceased herein.
2. The application is supported by the affidavit sworn on 14th July 2021 by Charles Kasyoka Malinda the executor in which the seven (7) additional properties are listed.
3. When the application initially came before me, I ordered that the applicants file evidence showing that the assets belong to the deceased, and thereafter, documentary evidence was filed.
4. Having perused and considered the documentary evidence on the assets filed in support of the application, I am persuaded that indeed the additional assets belong to the estate of the deceased.
5. In view of the above consideration therefore and the fact that no objection has been filed, and exercising this court’s powers under section 47 of the Law of Succession Act (cap.160), I allow the application dated 14th July 2021 and hereby include the seven (7) assets in this application in the list in the assets in the confirmed grant of probate herein.
6. The confirmed grant of probate herein is thus reviewed as requested to that extent, and a revised certificate of confirmation of grant of probate will issue accordingly to include the additional assets.
DATED SIGNED & DELIVERED, THIS 16TH DAY OF MARCH 2022, IN OPEN COURT AT MAKUENI.
................................
GEORGE DULU
JUDGE