[2023] KEHC 27490 (KLR)
The court confirmed the grant of letters of administration intestate because all beneficiaries consented to the proposed mode of distribution of the sole estate asset, there were no pending applications for provision for dependants, and the distribution was deemed fair and in accordance with the law. The court...
Source-derived case information.
- Citation
- [2023] KEHC 27490 (KLR)
- Parties
- Applicant: Elijah Mbayi Amulabu; Respondent: David Indawa Amulabu; Respondent: Fridah Kuya; Respondent: Margaret Murono Amulabu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 169 of 2014
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant confirmed and estate distributed as agreed
- Judges
- SC Chirchir
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Mbayi Amulabu
Applicant
David Indawa Amulabu
Respondent
Fridah Kuya
Respondent
Margaret Murono Amulabu
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as per the proposed mode of distribution.
- 2 Whether the beneficiaries have consented to the proposed distribution of the estate.
- 3 Whether there are any pending applications for provision for dependants.
Ratio Decidendi
The court confirmed the grant of letters of administration intestate because all beneficiaries consented to the proposed mode of distribution of the sole estate asset, there were no pending applications for provision for dependants, and the distribution was deemed fair and in accordance with the law. The court relied on the supporting affidavit and written consent, finding no contestation among the beneficiaries. The certificate of confirmation of grant was ordered to issue forthwith, with specific shares allocated as agreed.
Court Disposition
grant confirmed and estate distributed as agreed
Orders
- The Grant of letters of Administration Intestate in respect of the Estate of the late Hezron Amulabu Mwanje is hereby confirmed.
- The mode of distribution will be as per paragraph 5 of the supporting affidavit dated 8.7.2021.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Hezron Amulabu Mwanje (Deceased) (Succession Cause 169 of 2014) [2023] KEHC 27490 (KLR) (31 May 2023) (Ruling)
Neutral citation: [2023] KEHC 27490 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 169 of 2014
SC Chirchir, J
May 31, 2023
IN THE MATTER OF THE ESTATE OF HEZRON AMULABU MWANJE - DECEASED
Ruling
1. The application coming up for determination is the summons for confirmation of grant dated 8th July 2021.
2. When the matter came up for hearing on 11. 5.2023, the beneficiaries informed the court they had agreed on the mode of distribution of the deceased property. The mode of distribution is contained in paragraph 5 of the supporting affidavit sworn by the Administrator on 8. 7.2021. There is also a consent filed alongside , consenting to the distribution.
Determination 3. On 3rd October, 2019 a Grant of letters of Administration Intestate of the Estate of Hezron Amulabu Mwanje (deceased) was issued to Elijah Musayi AMulabu (petitioner). In the present application, the petitioner has listed the beneficiaries asa.Elijah Mbayi Amulabu –(himself) -sonb.David Indawa Amulabu – Sonc.Fridah Kuya – Daughter in lawd.Margaret Murono Amulabu – Daughter
4. It is deponed that there is no application for provision of dependants pending. It is also stated that the only asset available for distribution is the land parcel identified as Title No. Marama/Shinamwenyuli/93.
5. According to paragraph 5 of the affidavit, and consent signed by the beneficiaries dated 8. 7.2021 the beneficiaries have agreed to share the land as follows;-a.Elijah Mbayi Amulabu - 0. 31Hab.David Indawa Amulabu – 0. 93Hac.Fridah Kuya & Margaret Murono Amulabu – to share 0. 44 ha
6. The mode of distribution is not contested and the beneficiaries informed the court both verbally and by way of a written consent that the mode of distribution proposed, is acceptable.
7. Consequently, I make the following ordersa.The Grant of letters of Administration Intestate in respect of the Estate of the late Hezron Amulabu Mwanje is hereby confirmedb.The mode of distribution will be as per paragraph 5 of the supporting affidavit dated 8. 7.2021c.Fridah Kuya and Margaret Murono Amulabu shall share the 0. 44Ha in equal portionsd.The certificate of confirmation of grant to issue forthwith
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAKAMEGA THIS 31ST DAY OF MAY, 2023. S. CHIRCHIRJUDGEIn the presence of;-Court Assistant;- Erick