[2017] KEHC 5726 (KLR)
The court was satisfied that proof of death of the other named beneficiary, Khatija Hassanali Hasham Jiwa, was provided through a valid death certificate. Consequently, there was no impediment to confirming the grant of probate. The estate is to devolve strictly in accordance with the written will of the deceased,...
Source-derived case information.
- Citation
- [2017] KEHC 5726 (KLR)
- Parties
- Applicant: Hassanali Hasham Jiwa (Deceased); Respondent: Khatija Hassanali Hasham Jiwa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2627 of 2015
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- application for confirmation of grant allowed; grant of probate confirmed
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Confirmation of Grant, Wills, Devolution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassanali Hasham Jiwa (Deceased)
Applicant
Khatija Hassanali Hasham Jiwa
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether proof of death of the other beneficiary, Khatija Hassanali Hasham Jiwa, has been sufficiently provided.
- 2 Whether the grant of probate of written will should be confirmed in accordance with the deceased's will.
Ratio Decidendi
The court was satisfied that proof of death of the other named beneficiary, Khatija Hassanali Hasham Jiwa, was provided through a valid death certificate. Consequently, there was no impediment to confirming the grant of probate. The estate is to devolve strictly in accordance with the written will of the deceased, as there are no surviving objections or outstanding issues regarding the beneficiaries. The application for confirmation of grant was therefore allowed, and the grant of probate confirmed as per the will dated 26th May 1993.
Court Disposition
application for confirmation of grant allowed; grant of probate confirmed
Orders
- The application dated 19th October 2016 is allowed.
- The grant of probate of written will of the deceased made on 24th February 2016 is confirmed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2627 OF 2015
IN THE MATTER OF THE ESTATE OF HASSANALI HASHAM JIWA (DECEASED)
RULING
1. When the matter came up on 22nd November 2016 for confirmation of grant I postponed confirmation thereon as I required to be satisfied that the other beneficiary named in the will, Khatija Hassanali Hasham Jiwa, had since died.
2. Proof of her death has been provided through the death certificate serial number 0105821 dated 6th February 2014, attached to the affidavit of the executor sworn on 12th January 2017.
3. In view of that, I shall allow the application dated 19th October 2016. The grant of probate of written will of the deceased made on 24th February 2016 is hereby confirmed. The estate shall devolve in the terms of the will of the deceased made on 26th May 1993.
DATED, SIGNED and DELIVERED at NAIROBI this 19TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE