[2017] KEHC 3158 (KLR)
The court determined that while there was merit in amending the certificate of confirmation of grant to facilitate its implementation, the other issues raised in the application—such as possession of postal keys, custody of title deeds, payment and deposit of rent and income, rendering of accounts, payment to the...
Source-derived case information.
- Citation
- [2017] KEHC 3158 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2423 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Amendment of Certificate of Confirmation of Grant and Ancillary Orders
- Outcome
- Application partially allowed; amendment of certificate of confirmation of grant permitted; other prayers dismissed.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Amendment of Certificate of Confirmation of Grant and Ancillary Orders
Legal Issues
- 1 Whether the certificate of confirmation of grant should be amended to facilitate implementation of the grant.
- 2 Whether the court should issue orders regarding possession of postal keys, custody of title deeds, payment and deposit of rent and income, rendering of accounts, payment to the applicant, and occupation of estate premises.
Ratio Decidendi
The court determined that while there was merit in amending the certificate of confirmation of grant to facilitate its implementation, the other issues raised in the application—such as possession of postal keys, custody of title deeds, payment and deposit of rent and income, rendering of accounts, payment to the applicant, and occupation of estate premises—should be addressed in the ongoing oral hearing. This is because these matters require oral evidence and cross-examination to resolve disputes among the parties. The court also held that postal keys do not form part of the estate and are not subject to orders by the probate court. Accordingly, the application was allowed only to the...
Court Disposition
Application partially allowed; amendment of certificate of confirmation of grant permitted; other prayers dismissed.
Orders
- The application dated 3rd February 2017 is allowed in terms of prayer 1 (amendment of certificate of confirmation of grant).
- The application is dismissed in respect of the rest of the prayers; parties to address those issues in the ongoing oral hearing.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2423 OF 2010
IN THE MATTER OF THE ESTATE OF ELIUD NJOROGE KURIA (DECEASED)
RULING
1. The summons dated 3rd February 2017 seeks several orders, relating to amendment of the certificate of confirmation of grant dated 17th November 2016, possession of postal keys, custody of title deeds, payment of rent and deposit thereof and of other income into a particular bank account, rendering of accounts, payment of a certain amount of money to the applicant, and occupation of estate premises.
2. The grant herein was partially confirmed on 15th November 2016, essentially to facilitate access by beneficiaries to certain assets, being funds and share investments in various firms. There is ongoing an oral hearing to dispose of the rest of the assets.
3. I have considered the application, the affidavits in support and in reply, as well as the submissions filed by the parties. Most of the issues raised ideally should be the subject of the ongoing oral hearing, such as those relating to possession of postal keys, custody of title documents, payment of rents and deposit of rent or other income received into a bank account, rendering of accounts, payment of certain moneys to the applicant, and occupation of estate accounts. To enable the court make a comprehensive determination on all the critical issues, the parties ought to tender oral evidence on these matters and expose themselves to cross-examination thereon.
4. I am though persuaded that there is a case for amendment of the certificate of confirmation of grant to facilitate implementation thereof.
5. The other issue that I wish to advert to concerns the postal keys. Strictly, those keys do not form part of the estate of the deceased. They belong to the postal authority which owns the postal box. The key-holder merely rents the box from the postal authority, and it is for this reason that the authority can recall it at any time in the event of breach of the terms of the rental. The probate court should have no business whatsoever with who should have custody of the said keys.
6. In the end I shall allow the application dated 3rd February 2017 in terms of prayer 1 thereof. The application is dismissed in respect of the rest of the prayers; the parties ought to address the issues raised therein in the ongoing oral hearing for confirmation of the grant with respect to the assets not so far distributed. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OF SEPTEMBER, 2017.
W. MUSYOKA
JUDGE