[2017] KEHC 8220 (KLR)
The court held that confirmation of the grant could not proceed because the parties had not complied with the order requiring proof of ownership and proper description of the estate assets. The court emphasized that, notwithstanding the parties' consent to distribute the estate, statutory requirements regarding...
Source-derived case information.
- Citation
- [2017] KEHC 8220 (KLR)
- Parties
- Applicant: Gideon Nyanja Kuria; Respondent: Njeri Kirenga Macharia; Respondent: Cynthia Wanjiku Kirenga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 456 of 2004
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Confirmation of grant postponed.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Revocation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Nyanja Kuria
Applicant
Njeri Kirenga Macharia
Respondent
Cynthia Wanjiku Kirenga
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in the absence of compliance with the court's order for proof of ownership of estate assets.
- 2 Whether the estate should be distributed according to the amended consent filed by the parties.
Ratio Decidendi
The court held that confirmation of the grant could not proceed because the parties had not complied with the order requiring proof of ownership and proper description of the estate assets. The court emphasized that, notwithstanding the parties' consent to distribute the estate, statutory requirements regarding identification and documentation of assets must be met before confirmation. Therefore, the confirmation was postponed until compliance with the court's previous directions.
Court Disposition
Confirmation of grant postponed.
Orders
- Confirmation of the grant is postponed until compliance with the order of 23rd February 2009 requiring proof of ownership and proper description of estate assets.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 456 OF 2004
IN THE MATTER OF THE ESTATE OF JOICE NYAMBURA NYANJA (DECEASED)
RULING
1. The deceased herein died on 24th October 2003.
2. Representation to her estate was sought by Gideon Nyanja Kuria, in his capacity as widower of the deceased. Two letters from the Chief of Chania Location dated 6th February 2004 and 5th March 2004 say that he is the sole survivor of the deceased, and there is a copy of a marriage certificate serial number 913223 indicating that the parties married at the PCEA Makadara on 11th December 1999. Her estate is said to comprise only of her death gratuity. A grant of letters of administration was made to the petitioner on 28th April 2004.
3. An appearance was entered in the cause on 27th May 204 by Njeri Kirenga Macharia and Cynthia Wanjiku Kirenga. An application for revocation of the grant was lodged in the cause on the same date by the said Njeri Kirenga Macharia. She stated that she was sister of the deceased, and disclosed that there was another succession cause at Eldoret filed by the mother of the deceased. The other cause was said to be Eldoret HCSC No. 34 of 2004.
4. The applicant in the revocation application then filed a summons dated 28th June 2004, to stop the administrator from collecting the terminal benefits from the deceased’s employer, and to call for accounts. She alleged that the deceased had executed a will in her favour. Interim orders were made on 12th July 2004 for maintenance of status quo in respect of the estate.
5. The parties subsequently filed a written consent on 29th October 2004 to dispose of the estate equally between them. An amended consent dated 29th October 2004 was lodged in the registry on 4th September 2008. The consent of 29th October 2004 was adopted on 17th November 2004 as an order of the court. It was meant to dispose of both the Nairobi and the Eldoret causes.
6. The administrator then lodged a summons for confirmation of grant dated 25th November 2008 seeking confirmation of the grant in the terms of the amended consent filed in court on 4th September 2008. When the said application was placed before Rawal J on 23rd February 2009, it was directed that the applicant provide proof of ownership of the property sought to be distributed. I have perused the file and noted that there has been no compliance with the order of 23rd February 2009.
7. The consent on record makes reference to plots at Kitengela, Kingongo and old Uganda Road. There should be proper description of these assets, and copies of the documents of title must be provided. The documentation relating to NCPB, Nafaka Sacco Ltd, Railway Housing Cooperative Society Limited and Standard Chartered Bank Kenya Limited should also be placed before the court.
8. For the reasons given above I shall postpone confirmation of the grant herein until such time that there is compliance with the order of 23rd February 2009.
DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF JANUARY, 2017.
W. MUSYOKA
JUDGE