[2016] KEHC 627 (KLR)
The court found that since the Kadhi's court had already determined the distribution of the estate in accordance with Islamic Law, and the assets were solely monetary gratuity, there was no reason to delay confirmation of the grant. The absence of contest and the clear determination by the Kadhi's court justified...
Source-derived case information.
- Citation
- [2016] KEHC 627 (KLR)
- Parties
- Applicant: Assistant Public Trustee – Garissa; Applicant: Public Trustee; Respondent: Estate of Habiba Abdi Huka (Deceased)
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 41 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; letters of administration confirmed as per Kadhi's court distribution.
- Judges
- GMA Dulu
- Legal Topics
- Succession, Confirmation of Grant, Islamic Inheritance, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Assistant Public Trustee – Garissa
Applicant
Public Trustee
Applicant
Estate of Habiba Abdi Huka (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the court should confirm the grant of letters of administration before the lapse of the statutory six months period.
- 2 Whether the distribution of the estate as determined by the Kadhi's court should be adopted.
Ratio Decidendi
The court found that since the Kadhi's court had already determined the distribution of the estate in accordance with Islamic Law, and the assets were solely monetary gratuity, there was no reason to delay confirmation of the grant. The absence of contest and the clear determination by the Kadhi's court justified confirming the letters of administration and adopting the distribution as per the Kadhi's court decision. The statutory six-month period could be dispensed with in these circumstances.
Court Disposition
Application for confirmation of grant allowed; letters of administration confirmed as per Kadhi's court distribution.
Orders
- Letters of administration issued to the Public Trustee are confirmed.
- Distribution of assets to be as determined by the Kadhi's court in Mandera Kadhi’s Court Succession Cause No. 16 of 2014.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 41 OF 2015
IN THE MATTER OF THE ESTATE OF HABIBA ABDI HUKA (DECEASED).
RULING
Before me is a summons for confirmation of grant dated 29th July 2016 filed by the Assistant Public Trustee – Garissa. The application is for confirmation of the letters of administration herein issued by this court on 13th July 2016.
The application for confirmation of grant was filed before the lapse of the 6 months statutory period, but the Assistant Public Trustee Mr. Miyogo in asking the court to grant the orders said orally in court that the assets were just monetary gratuity and that the Kadhi’s court has already determined the distribution of the estate in accordance with Islamic Law of inheritance.
I have myself seen the distribution determined by the Kadhi at Mandera on 21st August 2015 in Mandera Kadhi’s Court Succession Cause No. 16 of 2014.
I thus find no reason to decline the request, and allow the application herein and confirm the letters of administration issued to the Public Trustee herein. Distribution of assets will be as has been determined by the Kadhi’s court. Certificate of confirmed grant to issue.
Dated and delivered at Garissa this 16th November 2016.
GEORGE DULU
JUDGE