[2017] KEHC 375 (KLR)
The court found that the estate of the deceased consists solely of a life policy, with no other assets. The applicant, Lizzy Njoki Miano, demonstrated that the policy is ready for payment but requires a confirmed grant for disbursement. Given the absence of any contest and the straightforward nature of the estate,...
Source-derived case information.
- Citation
- [2017] KEHC 375 (KLR)
- Parties
- Applicant: Lizzy Njoki Miano
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 250 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed.
- Judges
- AG Ndung'u
- Legal Topics
- Succession, Confirmation of Grant, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lizzy Njoki Miano
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the applicant is entitled to confirmation of grant for the estate of the deceased.
- 2 Whether the estate comprises only a life policy and no other assets.
Ratio Decidendi
The court found that the estate of the deceased consists solely of a life policy, with no other assets. The applicant, Lizzy Njoki Miano, demonstrated that the policy is ready for payment but requires a confirmed grant for disbursement. Given the absence of any contest and the straightforward nature of the estate, the court exercised its inherent powers to confirm the grant and issue letters of administration to the applicant, ensuring the estate can be administered according to law.
Court Disposition
Application for confirmation of grant allowed.
Orders
- Letters of administration in respect of the estate of Francis Miano Wambugu are issued and confirmed to Lizzy Njoki Miano.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NO. 250 OF 2015
IN THE MATTER OF THE ESTATE OF FRANCIS MIANO WAMBUGU (DECEASED)
LIZZY NJOKI MIANO..............................................................PETITIONER
RULING
1) Before court is a summons for confirmation of grant in favour of Lizzy Njoki Miano.
2) The same is premised on grounds that the net estate only comprises of a life policy. The applicant obtained letters ad litem and there are no other assets.
3) The application is supported by the sworn affidavit of Lizzy Njoki Miano the gist of which in that the deceased's life policy is ready for payment subject to production of a confirmed grant. There are no other assets in the estate.
4) The policy aforesaid is for the benefit of the applicant and the deceased's two (2) children.
5) I have considered the application and the supporting affidavit. I am persuaded that the orders sought are merited. The nature of the estate is such that it consists of only one non-capital asset.
6) I exercise the inherent powers of this court donated by Section 47 of Laws of Kenya Act and rule 73 of the Probate and Administration rules.I issue and confirm letters of administration in respect of the estate of Francis Miano Wambugu to Lizzy Njoki Miano.
7) Costs shall be in the cause.
Dated, Signed and Delivered at Nakuru this 21st day of February, 2017.
A. K. NDUNG'U
JUDGE