[2019] KEHC 5242 (KLR)
The court determined that, although the applicant has complied with the procedural requirements for confirmation of grant, substantive justice requires further inquiry to ensure that the children of the deceased and Jane Chepkoech Bosuben are identified and given an opportunity to claim their share of the estate....
Source-derived case information.
- Citation
- [2019] KEHC 5242 (KLR)
- Parties
- Applicant: Juliah Muthoni; Respondent: Jane Bosumen Chepkoech (deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 259 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Summons for confirmation of grant held in abeyance pending further inquiry.
- Judges
- AG Ndung'u
- Legal Topics
- Confirmation of Grant, Letters of Administration, Estate Distribution, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliah Muthoni
Applicant
Jane Bosumen Chepkoech (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate issued to Juliah Muthoni should be confirmed at this stage.
- 2 Whether sufficient inquiry has been made to identify and notify all potential beneficiaries, specifically the children of the deceased and Jane Chepkoech Bosuben.
Ratio Decidendi
The court determined that, although the applicant has complied with the procedural requirements for confirmation of grant, substantive justice requires further inquiry to ensure that the children of the deceased and Jane Chepkoech Bosuben are identified and given an opportunity to claim their share of the estate. The absence of any claim from Jane's family does not absolve the court from its duty to protect the interests of all potential beneficiaries. Therefore, the confirmation of grant is held in abeyance pending further investigation by the provincial administration, specifically the chief of Lanet Location, to ascertain the whereabouts of the children. This approach balances the need...
Court Disposition
Summons for confirmation of grant held in abeyance pending further inquiry.
Orders
- The summons for confirmation of grant is held in abeyance.
- The chief Lanet Location is summoned to appear in court to shed light on the whereabouts of the children of the deceased and Jane Chepkoech Bosuben, with the letter from the Chief's office dated 17th June, 2004 annexed to the summons.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 259 OF 2004
IN THE MATTER OF THE ESTATE OF THE LATE JOHN MBUTHIA WARURINGI (DECEASED)
RULING
1. Before Court is the summons for confirmation of grant dated 11th March, 2019. It is sought;
1. THAT the grant of letters administration intestate issued to Juliah Muthoni on 31st January, 2019 be confirmed.
2. THAT costs of this application be in the cause.
2. The summons is supported by the annexed affidavit of Juliah Muthoni and on grounds;
a) That it is well over six (6) months since the grant herein was issued.
b) That it is only fair and just that the grant issued to the applicant herein be confirmed.
3. By orders of this court dated 31st January 2019, this court ordered the revocation of the grant earlier made to Jane Bosumen Chepkoech as the same had become imperative following her death.
4. A grant of letters of administration was made to Juliah Muthoni and directions given that a summons for confirmation of grant be filed within ninety (90) days from 31st January, 2019.
5. The applicant has complied with these directions hence this application.
6. I have considered the summons for confirmation of grant.
7. I note that from a letter dated 17th June, 2004, Chief Stephen K. Choge informed this court that Jane Chepkoech Bosuben was the wife of the deceased and they had two (2) children.
8. Jane is now deceased. No one has come from her family to lay claim to the estate.
9. It is my view that substantive justice would demand a further inquiry through the provincial administration to find out if the two (2) children of the deceased with Jane Chepkoech Bosuben can be traced.
10. I am alive to the resultant delay that will be occasioned to this very old cause. However, I am persuaded that it is in the interests of justice that this route be taken.
11. I accordingly make the following orders;
1. The summons for confirmation of grant is held in abeyance.
2. The chief Lanet Location be and is hereby summoned to appear in Court to shed light on the whereabouts of the children of the deceased and Jane Chepkoech Bosuben. The letter from the Chief’s office dated 17th June, 2004 be annexed to the summons for ease of reference.
3. A mention date be set for further directions.
DatedandDeliveredatNakuruthis18thday ofJuly, 2019.
A. K. NDUNG'U
JUDGE