[2020] KEHC 8651 (KLR)
The court confirmed the grant of representation for the estate of John Kuria Wang'endo on the basis that all beneficiaries had consented to the proposed mode of distribution of the estate's assets, as detailed in the annexed schedule. There was no opposition to the application, and the requirements of the Law of...
Source-derived case information.
- Citation
- [2020] KEHC 8651 (KLR)
- Parties
- Applicant: Jane Nyaguthi Wang'endo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 621 of 2014
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nyaguthi Wang'endo
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation in respect of the estate of John Kuria Wang'endo should be confirmed.
- 2 Whether the proposed mode of distribution of the deceased's estate is consented to by all beneficiaries.
Ratio Decidendi
The court confirmed the grant of representation for the estate of John Kuria Wang'endo on the basis that all beneficiaries had consented to the proposed mode of distribution of the estate's assets, as detailed in the annexed schedule. There was no opposition to the application, and the requirements of the Law of Succession Act regarding confirmation of grant and consent of beneficiaries were satisfied. The court found no reason to withhold confirmation and thus granted the orders as sought.
Court Disposition
grant confirmed
Orders
- The grant is confirmed based on the annexed schedule of distribution.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 621 OF 2014
IN THE MATTER OF THE ESTATE OF JOHN KURIA WANG’ENDO (DECEASED)
JANE NYAGUTHI WANG’ENDO..................APPLICANT
R U L I N G
1. Before court for determination is an application dated 25th September 2019, seeking for confirmation of the grant herein.
2. The deceased is one John Kuria Wang’endo. He is said to be survived by his 3 adult children, his mother and sister.
3. The assets listed are:
i. Title Number Sigona/776 held in common with his sister, Jane Nyaguthi Wang’endo;
ii. Title Number Sigona/777 held in common with Jane Nyaguthi Wang’endo;
iii. CDSC A/c No.[…….] LC held with Jane Nyaguthi Kuria.
iv. Equity Bank A/c No. […….].
4. All beneficiaries consented to the mode of distribution listed in an annexed schedule.
5. Consequently grant is confirmed based on the annexed schedule.
Dated and Delivered in Nairobi on this 23rd day of January, 2020.
…………………………………….
ALI-ARONI
JUDGE