[2020] KEHC 8740 (KLR)
The court found that the applicant had complied with the procedural requirements for amending the list of assets and for confirmation of the grant. All beneficiaries had provided the necessary consents, and the proposed distribution was set out clearly in the supporting affidavit. There was no opposition to the...
Source-derived case information.
- Citation
- [2020] KEHC 8740 (KLR)
- Parties
- Applicant: Anne Muringo Maina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 689 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Amendment of Assets and Confirmation of Grant
- Outcome
- Application allowed; grant confirmed and assets to be distributed as proposed.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Confirmation of Grant, Amendment of Assets, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Muringo Maina
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Amendment of Assets and Confirmation of Grant
Legal Issues
- 1 Whether the list of assets in form P&A 5 should be amended to include additional assets.
- 2 Whether the grant issued on 19th September 2017 should be confirmed and the estate distributed as proposed.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements for amending the list of assets and for confirmation of the grant. All beneficiaries had provided the necessary consents, and the proposed distribution was set out clearly in the supporting affidavit. There was no opposition to the application. Accordingly, the court confirmed the grant and ordered that the estate be distributed in accordance with paragraph 6 of the supporting affidavit.
Court Disposition
Application allowed; grant confirmed and assets to be distributed as proposed.
Orders
- The grant is confirmed.
- The assets shall be distributed in accordance with paragraph 6 of the supporting affidavit.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 689 OF 2017
IN THE MATTER OF THE ESTATE OF JOHN MAINA NYAGAH (DECEASED)
ANNE MURINGO MAINA......APPLICANT
R U L I N G
1. The application before court is dated 18th of March, 2019. It seeks for an amendment of the list of assets indicated in form P&A 5 by adding 5 more assets, and secondly for confirmation of the grant that was issued on the 19th of September 2017.
2. The necessary consents of the beneficiaries were filed seeking to have the listed assets distributed in accordance with paragraph 6 of the affidavit in support.
3. Having considered the application and the accompanying documents the grant herein is confirmed, the assets will be distributed in line with paragraph 6 of the supporting affidavit.
4. Costs in the cause.
Dated and Delivered in Nairobi on this30th day of January, 2020.
…………………………………….
ALI-ARONI
JUDGE