[2024] KEHC 10139 (KLR)
The court found that the amended application for confirmation of grant was properly before it, supported by affidavit, and that all parties, including the administrators and beneficiaries, were in agreement with the proposed mode of distribution of the estate of Esther Wangui Chege (deceased). There being no...
Source-derived case information.
- Citation
- [2024] KEHC 10139 (KLR)
- Parties
- Applicant: John Chege Kombo; Applicant: John Njenga Mbaara; Applicant: Taabu Mzee Mohamed; Respondent: Ann Wanjiku Chege
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 56 of 2015
- Procedural Posture
- Succession Cause / Ruling on Amended Application for Confirmation of Grant and Distribution of Estate
- Outcome
- Application allowed as prayed. Amended certificate of confirmation of grant to issue.
- Judges
- GL Nzioka
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Chege Kombo
Applicant
John Njenga Mbaara
Applicant
Taabu Mzee Mohamed
Applicant
Ann Wanjiku Chege
Respondent
Procedural Posture
Succession Cause / Ruling on Amended Application for Confirmation of Grant and Distribution of Estate
Legal Issues
- 1 Whether the amended application for confirmation of grant and distribution of the estate should be allowed.
- 2 Whether the parties are in agreement with the proposed mode of distribution.
Ratio Decidendi
The court found that the amended application for confirmation of grant was properly before it, supported by affidavit, and that all parties, including the administrators and beneficiaries, were in agreement with the proposed mode of distribution of the estate of Esther Wangui Chege (deceased). There being no opposition and the requirements of the Law of Succession Act having been met, the court allowed the application as prayed and directed that the relevant amended certificate be issued accordingly.
Court Disposition
Application allowed as prayed. Amended certificate of confirmation of grant to issue.
Orders
- The amended application dated 15th June 2024 is allowed as prayed.
- The relevant amended certificate of confirmation of grant shall be issued accordingly.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Esther Wangui Chege (Deceased) (Succession Cause 56 of 2015) [2024] KEHC 10139 (KLR) (13 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10139 (KLR)
Republic of Kenya
In the High Court at Naivasha
Succession Cause 56 of 2015
GL Nzioka, J
August 13, 2024
IN THE MATTER OF THE ESTATE OF ESTHER WANGUI CHEGE (DECEASED)
In the matter of
John Chege Kombo
1st Applicant
John Njenga Mbaara
2nd Applicant
Taabu Mzee Mohamed
3rd Applicant
Ruling
1. The amended application herein dated 15th June 2024, is considered in the light of the prayer therein and the affidavit in support thereof. The same has been filed and amended pursuant to the ruling of this court delivered on the 3rd day of May 2024.
2. I note that, the application is supported by the affidavit sworn by Ann Wanjiku Chege who has confirmed her names as stated in the said affidavit. I also note that, the Administrators have confirmed that the parties are in agreement with the mode of distribution of the assets.
3. In that regard, I allow the application as prayed. The relevant amended certificate be issued accordingly. It is so ordered.
DATED, DELIVERED AND SIGNED THIS 13TH DAY OF AUGUST, 2024. GRACE L. NZIOKAJUDGEIn the presence of:N/A for the applicantsMs. Ogutu: Court Assistant