[2024] KEHC 4933 (KLR)
The court found that all beneficiaries were present or accounted for, there was no objection to the application for confirmation of grant, and the list of beneficiaries, assets, and proposed mode of distribution were not in dispute. The only outstanding procedural issue was the identification of a beneficiary...
Source-derived case information.
- Citation
- [2024] KEHC 4933 (KLR)
- Parties
- Applicant: Mwangi Gikonyo Gatheni; Applicant: Isaac Kiragu Gikonyo; Applicant: Charles Waithaka Ndung’u
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E009 of 2023
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed as prayed.
- Judges
- GL Nzioka
- Legal Topics
- Confirmation of Grant, Succession of Estates, Distribution of Estate Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi Gikonyo Gatheni
Applicant
Isaac Kiragu Gikonyo
Applicant
Charles Waithaka Ndung’u
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the summons for confirmation of grant should be allowed as prayed.
- 2 Whether there is any objection to the proposed mode of distribution of the estate assets.
Ratio Decidendi
The court found that all beneficiaries were present or accounted for, there was no objection to the application for confirmation of grant, and the list of beneficiaries, assets, and proposed mode of distribution were not in dispute. The only outstanding procedural issue was the identification of a beneficiary attending virtually, which was directed to be handled by the Deputy Registrar. Accordingly, the court allowed the application for confirmation of grant as prayed, with costs to be in the cause.
Court Disposition
Application for confirmation of grant allowed as prayed.
Orders
- Summons for confirmation of grant dated 18th March 2024 is allowed as prayed.
- Identification of the beneficiary attending virtually to be verified by the Deputy Registrar and certified copy of identification card to be filed.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Gikonyo Gathenyi (Deceased) (Succession Cause E009 of 2023) [2024] KEHC 4933 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4933 (KLR)
Republic of Kenya
In the High Court at Naivasha
Succession Cause E009 of 2023
GL Nzioka, J
May 9, 2024
In the matter of
Mwangi Gikonyo Gatheni
1st Applicant
Isaac Kiragu Gikonyo
2nd Applicant
Charles Waithaka Ndung’u
3rd Applicant
Ruling
1. The subject application herein is a summons for confirmation of grant date 18th March 2024, supported by an affidavit of even date sworn by the Administrators.
2. Upon considering the same the court ordered it be heard on 6th May 2024. On the material date all the beneficiaries were in court as ordered, as indicated by the list of attendees and their respective identification card numbers.
3. The court had an opportunity to interview them and it was evident that, there was no objection to the prayers in the application being granted. The list of beneficiaries, the assets and mode of distribution thereof was not dispute. However, the identification of the beneficiary who was attending virtually should be dealt with by the Honourable Deputy Registrar and a certified copy of identification card be availed for filing.
4. Be that as it were, there being no objection to the grant of the orders sought, I allow the subject application as prayed. Save for the costs to be in the cause.
DATED, DELIVERED AND SIGNED THIS 9TH DAY OF MAY, 2024. GRACE L. NZIOKAJUDGEIn the presence of:N/A for the administratorsMs. Ogutu: Court Assistant