[2017] KEHC 5326 (KLR)

[2017] KEHC 5326 (KLR)

The court confirmed the grant of letters of administration for the estate of Johira Mohamed Salim on the basis that all beneficiaries had provided written consent to the proposed mode of distribution of the deceased's assets. The only asset identified was the deceased's 1/5th share from the estate of her late...

Source-derived case information.

Citation
[2017] KEHC 5326 (KLR)
Parties
Applicant: Fahmi Ahmed Abubakar Bajwed; Respondent: Beneficiaries of Johira Mohamed Salim
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Case Number
Succession Cause 2 of 2016
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Outcome
Grant of letters of administration confirmed; certificate of confirmed grant to issue.
Judges
GMA Dulu
Legal Topics
Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
Source Language
en
Family and Children Confirmation of Grant Distribution of Estate Consent of Beneficiaries

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Parties

Fahmi Ahmed Abubakar Bajwed

Applicant

Beneficiaries of Johira Mohamed Salim

Respondent

Procedural Posture

Succession Cause / Ruling on Confirmation of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration should be confirmed for the estate of Johira Mohamed Salim.
  2. 2 Whether the proposed mode of distribution of the deceased's assets has the consent of all beneficiaries.

Ratio Decidendi

The court confirmed the grant of letters of administration for the estate of Johira Mohamed Salim on the basis that all beneficiaries had provided written consent to the proposed mode of distribution of the deceased's assets. The only asset identified was the deceased's 1/5th share from the estate of her late husband, and there were no objections or disputes regarding the distribution. The court found that the requirements for confirmation of grant under the Law of Succession Act and the Probate and Administration Rules had been satisfied, and thus ordered the issuance of a certificate of confirmed grant in accordance with the beneficiaries' consent.

Court Disposition

Grant of letters of administration confirmed; certificate of confirmed grant to issue.

Orders

  • The letters of administration for the estate of Johira Mohamed Salim are confirmed.
  • Distribution of the assets to be as contained in the consent letter dated 18th January 2017.