[2019] KEHC 588 (KLR)
The court found that the deceased died intestate and that all four beneficiaries, including one residing abroad, had filed their consents to the proposed distribution of the estate. There being no objection or dispute among the beneficiaries, and the requirements of the Law of Succession Act having been met, the...
Source-derived case information.
- Citation
- [2019] KEHC 588 (KLR)
- Parties
- Applicant: Gloria Mutinda Masila
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 297 of 2018
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Confirmation of Grant, Intestate Estate, Beneficiary Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gloria Mutinda Masila
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation should be confirmed in accordance with the administrator's affidavit.
- 2 Whether all beneficiaries have consented to the proposed mode of distribution.
Ratio Decidendi
The court found that the deceased died intestate and that all four beneficiaries, including one residing abroad, had filed their consents to the proposed distribution of the estate. There being no objection or dispute among the beneficiaries, and the requirements of the Law of Succession Act having been met, the court confirmed the grant in accordance with the administrator's affidavit.
Court Disposition
grant confirmed
Orders
- The grant is confirmed in line with paragraph 6 of the affidavit of the administrator/applicant.
- Costs in the course.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 297 OF 2018
IN THE MATTER OF THE ESTATE OF JAMES MASILA MANYENZE (DECEASED)
GLORIA MUTINDA MASILA...........................................................................APPLICANT
R U L I N G
1. Application before court is dated 6th December 2018 and seeks to have the grant confirmed in line with paragraph 6 of the affidavit of the administrator.
2. The deceased died intestate and left 4 beneficiaries whose consents were all filed in court.
3. The beneficiaries appeared in court save for Gloria Mutinda Musila who resides in Texas. She filed a notarised consent.
4. Consequently the grant be and is hereby confirmed in line with paragraph 6 of the affidavit of the Administrator/applicant.
5. Costs in the course.
Dated and Delivered in Nairobi on this19TH day of DECEMBER, 2019.
…………………………………….
ALI-ARONI
JUDGE