[2020] KEHC 1046 (KLR)
The court found that Peter Wariuko Kori had already consented to the mode of distribution of the deceased's estate, as evidenced by his signature on the consent. The distribution was therefore a settled matter, and the Certificate of Confirmation of Grant had been issued. Since the respondent refused to sign the...
Source-derived case information.
- Citation
- [2020] KEHC 1046 (KLR)
- Parties
- Applicant: Dickson Githinji Kori; Respondent: Peter Wariuko Kori
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 545 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Execution of Transmission Documents
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Probate and Administration, Estate Distribution, Grant Confirmation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Githinji Kori
Applicant
Peter Wariuko Kori
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Execution of Transmission Documents
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute transmission documents on behalf of a beneficiary refusing to sign.
- 2 Whether the distribution of the deceased's estate should proceed in accordance with the confirmed grant.
Ratio Decidendi
The court found that Peter Wariuko Kori had already consented to the mode of distribution of the deceased's estate, as evidenced by his signature on the consent. The distribution was therefore a settled matter, and the Certificate of Confirmation of Grant had been issued. Since the respondent refused to sign the necessary transmission documents, and the application was unopposed, the court exercised its discretion under the Probate and Administration Rules to authorize the Deputy Registrar to execute all required documents on behalf of the respondent. This ensured the estate could be distributed and transmitted in accordance with the confirmed grant, upholding the finality and...
Court Disposition
application allowed
Orders
- The Deputy Registrar High Court Nyeri is authorized to sign the Transfer Documents, Mutation Forms, and any Consents on behalf of Peter Wariuko Kori for the purposes of transmission and distribution of the deceased’s estate.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE No. 545 Of 2014
IN THE MATTER OF THE ESTATE OF HAZORON KOORI CHIURI Alias KORI S/O CHIURI (DEACEASED)
DICKSON GITHINJI KORI................................PETITIONER/APPLICANT
VERSUS
PETER WAIRIUKO KOORI...........................PROTESTOR/RESPONDENT
RULING
1. The application is dated the 20/05/2019 and is premised under the provisions of Rules 49 and 73 of the Probate and Administration Rules.
2. The applicant avers that he is one of the administrators of the estate of the Deceased; and relies on the grounds on the face of the application and on the supporting affidavit dated the 20/05/2019
3. The applicant seeks for an order of this court authorizing the Deputy Registrar of this court to execute the transmission documents on behalf of Peter Wariuko Kori who has refused to sign the necessary documents to effect distribution and transmission of the Deceased’s estate in accordance with the Confirmed Certificate of Grant.
4. Upon perusal of the court record this court notes that the said Peter Wariuko Korihad appended his signature to the Consent and had therefore consented to the mode of distribution of the deceased estate, the distribution of the estate was therefore a settled matter and subsequently the Certificate of Confirmation of the Grant was issued by this court on 4th December, 2018
5. The application is also un opposed and therefore application is hereby allowed on the following terms:-
(i) The Deputy Registrar High Court Nyeri is hereby authorized to sign the Transfer Documents, the Mutation Forms, and any Consents on behalf of PETER WARIUKO KORI for the purposes of transmission and distribution of the deceased’s Estate.
Orders Accordingly
Dated, Signed and Delivered Electronically at Nyeri this 25TH day of November, 2020.
HON. LADY JUSTICE A. MSHILA
JUDGE