[2024] KEHC 12308 (KLR)

[2024] KEHC 12308 (KLR)

The court found that all beneficiaries of the deceased's estate were in agreement with the proposed mode of distribution as set out in the schedule annexed to the applicants' affidavit. There was no opposition to the application for confirmation of grant. The court, therefore, exercised its discretion under Section...

Source-derived case information.

Citation
[2024] KEHC 12308 (KLR)
Parties
Applicant: Dhireshkumar Ranchoddas Raicha; Applicant: Maheshkumar Ranchhoddas Mavji Raicha
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause E12 of 2023
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Distribution
Outcome
Application for confirmation of grant allowed; estate to be distributed as per proposed schedule; certificate of confirmation to issue; file closed.
Judges
MS Shariff
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate

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Parties

Dhireshkumar Ranchoddas Raicha

Applicant

Maheshkumar Ranchhoddas Mavji Raicha

Applicant

Procedural Posture

Succession Cause / Ruling on Confirmation of Grant and Distribution

Legal Issues

  1. 1 Whether the proposed mode of distribution of the deceased's estate is agreeable to all beneficiaries and in accordance with the law.
  2. 2 Whether the court should confirm the grant and order distribution as per the proposed schedule.

Ratio Decidendi

The court found that all beneficiaries of the deceased's estate were in agreement with the proposed mode of distribution as set out in the schedule annexed to the applicants' affidavit. There was no opposition to the application for confirmation of grant. The court, therefore, exercised its discretion under Section 71 of the Law of Succession Act to confirm the grant and order distribution of the estate as proposed. The court further ordered that a certificate of confirmation of grant be issued and marked the file as closed, having satisfied itself that the requirements for confirmation and distribution had been met.

Court Disposition

Application for confirmation of grant allowed; estate to be distributed as per proposed schedule; certificate of confirmation to issue; file closed.

Orders

  • The estate of the deceased shall be distributed as per schedule of distribution annexed to the affidavit of Dhireshkumar Ranchoddas Raicha and Maheshkumar Ranchhoddas Mavji Raicha.
  • A certificate of confirmation of grant to issue accordingly.