[2024] KEHC 12434 (KLR)

[2024] KEHC 12434 (KLR)

The court found that all beneficiaries were present and had consented to the proposed mode of distribution of the deceased's estate as set out in the supporting affidavit. There were no objections or disputes regarding the distribution. The court was satisfied that the requirements for confirmation of grant under...

Source-derived case information.

Citation
[2024] KEHC 12434 (KLR)
Parties
Applicant: David Olieng Imbo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause E016 of 2023
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
application for confirmation of grant allowed
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

David Olieng Imbo

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the summons for confirmation of grant should be allowed based on the consent of all beneficiaries.
  2. 2 Whether the proposed mode of distribution is acceptable to the court.

Ratio Decidendi

The court found that all beneficiaries were present and had consented to the proposed mode of distribution of the deceased's estate as set out in the supporting affidavit. There were no objections or disputes regarding the distribution. The court was satisfied that the requirements for confirmation of grant under the Law of Succession Act and the Probate and Administration Rules had been met. Accordingly, the court allowed the application for confirmation of grant and ordered that the estate be distributed in accordance with the schedule provided by the applicant.

Court Disposition

application for confirmation of grant allowed

Orders

  • The estate of the deceased shall be distributed in accordance with the schedule of distribution contained in paragraph 6 of the supporting affidavit of David Olieng Imbo.
  • A certificate of confirmation of grant to issue accordingly.