[2019] KEHC 9142 (KLR)
The court confirmed the grant as prayed because all beneficiaries were duly notified of the application for confirmation of grant, and no protest or objection was filed. The absence of consent from one beneficiary, who was nonetheless served and did not object, did not bar the confirmation. The petitioner was...
Source-derived case information.
- Citation
- [2019] KEHC 9142 (KLR)
- Parties
- Applicant: Salome Musangi Mwanzui; Respondent: Wambua Mwanzui
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed as prayed
- Judges
- LN Mutende
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Musangi Mwanzui
Applicant
Wambua Mwanzui
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed in favour of the petitioner.
- 2 Whether the distribution of the deceased's estate as proposed by the petitioner is appropriate given the lack of consent from one beneficiary.
Ratio Decidendi
The court confirmed the grant as prayed because all beneficiaries were duly notified of the application for confirmation of grant, and no protest or objection was filed. The absence of consent from one beneficiary, who was nonetheless served and did not object, did not bar the confirmation. The petitioner was permitted to hold the estate properties in trust for her siblings, in accordance with the proposed mode of distribution.
Court Disposition
grant confirmed as prayed
Orders
- The grant of letters of administration intestate is confirmed as prayed.
- The petitioner is to hold the estate properties in trust for her siblings.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
SUCCESSION CAUSE NO. 6 OF 2016
IN THE MATTER OF THE ESTATE OF DAVID MWANZUI WAMBUA (DECEASED)
SALOME MUSANGI MWANZUI...............................PETITIONER
R U L I N G
1. David Mwanzui Wambua(Deceased), died domiciled in Kenyaon 13thday of March, 1993. A grant of Letters of Administration Intestate in respect of his Estate was issued to Salome Musangi Mwanzuion the 30th April, 2015.
2. On the 12thday of November, 2018the Administratix of the Estate of the Deceased filed summons for Confirmation of Grant. In a Further Affidavit in support of the grant the Petitioner/Administratix of the Estate deposed that the Deceased was survived by:
Tabitha Mwanzui (Deceased).
Kambua Mwanzui.
Salome Musangi Mwanzui.
Wambua Mwanzui.
Kalekye Mwanzui.
Taabu Mwanzui (Deceased).
3. Assets forming the Estate of the Deceased were identified as:
Land Parcel No. Mulango/Kavisuni/537.
Plot No. 24 Kavisuni Market.
An unregistered Plot at Mombasa.
4. She proposed to hold the properties in trust for her siblings. One of the Applicant’s siblings, Wambua Mwanzuidid not sign a consent to the Application. He was however duly notified of the Application by a Process Server, Petronillar K. Mutie. Having not filed a Protest, orders sought should issue.
5. In the premises I do confirm the grant as prayed.
6. It is so ordered.
Dated, Signedand Deliveredat Kituithis 18thday of February,2019.
L. N. MUTENDE
JUDGE