[2022] KEHC 11413 (KLR)
The court found that the applicant had complied with the requirements for confirmation of grant by disclosing all beneficiaries, including the daughters of the deceased, and providing affidavits of renunciation from those who did not wish to inherit. The sons, widow, and daughters-in-law executed the necessary...
Source-derived case information.
- Citation
- [2022] KEHC 11413 (KLR)
- Parties
- Applicant: Samuel Nandi Wamondo; Respondent: Daughters of the deceased (Florence Lumuru, Robai Siko John, Agneta Shikuku Mukhwana, Rael Nyabola, Masitsa Wamondo, Beatrice Khisa, Julia Nechesa Lutomia)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 31 of 2011
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- WM Musyoka
- Legal Topics
- Confirmation of Grant, Intestate Succession, Renunciation of Share, Consent Form 37, Disclosure of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Nandi Wamondo
Applicant
Daughters of the deceased (Florence Lumuru, Robai Siko John, Agneta Shikuku Mukhwana, Rael Nyabola, Masitsa Wamondo, Beatrice Khisa, Julia Nechesa Lutomia)
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant meets the requirements under the Law of Succession Act and Probate and Administration Rules.
- 2 Whether all beneficiaries, including daughters, have been properly disclosed and their consents or renunciations obtained.
Ratio Decidendi
The court found that the applicant had complied with the requirements for confirmation of grant by disclosing all beneficiaries, including the daughters of the deceased, and providing affidavits of renunciation from those who did not wish to inherit. The sons, widow, and daughters-in-law executed the necessary consent in Form 37. The court was satisfied that the proviso to section 71(2) of the Law of Succession Act and Rule 40(4) of the Probate and Administration Rules had been met. Therefore, the application for confirmation of grant was allowed and the estate was ordered to devolve as proposed by the applicant.
Court Disposition
grant confirmed
Orders
- The application dated June 18, 2021 is allowed.
- The grant is hereby confirmed.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Joseph Saya Wamondo (Deceased) (Succession Cause 31 of 2011) [2022] KEHC 11413 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11413 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 31 of 2011
WM Musyoka, J
July 29, 2022
IN THE MATTER OF THE ESTATE OF JOSEPH SAYA WAMONDO(DECEASE D)
Ruling
1. On June 18, 2021, I delivered a ruling herein where I declined to confirm the grant herein on grounds that the confirmation application dated January 25, 2016 was not supported by a consent in Form 37, and because the daughters of the deceased had not been disclosed.
2. The applicant administrator, Samuel Nandi Wamondo, has filed a supplementary affidavit, sworn on January 14, 2022. He discloses the daughters of the deceased; that is the late Frida Wafula, Julia Nechesa Lutomia, Florence Lumuru the late Mary Mikisi Matayo, Robai Siko John, Agneta Shikuku Mukhwana, Margaret Nderema Chihanda, Masitsa Wamondo, Rael Nyabola and Beatrice Khisa.
3. Seven of the said daughters have sworn affidavits to renounce their shares. All the affidavits were sworn on January 17, 2022. Those who have renounced their rights are Florence Lumuru, Robai Siko John, Agneta Shikuku Mukhwana, Rael Nyabola, Masitsa Wamondo, Beatrice Khisa and Julia Nechesa Lutomia.
4. I have re-looked at the record. I have noted that the sons, widow and the daughters in law of the deceased executed a consent in Form 37, on January 25, 2016, and the same was filed herein on February 1, 2016.
5. Consequently, I am now satisfied that the proviso to section 71(2) of Law of Succession Act, cap 160, Laws of Kenya, and Rule 40(4) of the Probate and Administration Rules have been complied with. I shall accordingly allow the application dated June 18, 2021. The grant is hereby confirmed. Estate to devolve as proposed.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29THDAY OF JULY 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Samuel Nandi Wamondo, the administrator, in person.