[2020] KEHC 2201 (KLR)
The court declined to determine the application for confirmation of grant because not all beneficiaries, specifically the deceased's daughters, had filed their written consent as required by the Law of Succession Act. The absence of such consents means the application is not properly before the court, and proceeding...
Source-derived case information.
- Citation
- [2020] KEHC 2201 (KLR)
- Parties
- Applicant: Ms. Odiya; Respondent: Emmah Nduku Ngui; Respondent: Faith Mueni Ngui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2825 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant deferred pending filing of written consents by all beneficiaries.
- Judges
- GMA Dulu
- Legal Topics
- Confirmation of Grant, Consent of Beneficiaries, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ms. Odiya
Applicant
Emmah Nduku Ngui
Respondent
Faith Mueni Ngui
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether all beneficiaries have provided the required consent for confirmation of grant and proposed mode of distribution.
- 2 Whether the application for confirmation of grant can be determined in the absence of written consents from all beneficiaries.
Ratio Decidendi
The court declined to determine the application for confirmation of grant because not all beneficiaries, specifically the deceased's daughters, had filed their written consent as required by the Law of Succession Act. The absence of such consents means the application is not properly before the court, and proceeding would be contrary to the interests of justice and statutory requirements. The court therefore ordered that all beneficiaries must file their written consents before the application can be heard and determined.
Court Disposition
Application for confirmation of grant deferred pending filing of written consents by all beneficiaries.
Orders
- All beneficiaries to file their written consent to the application for confirmation of grant and proposed mode of distribution.
- A fresh date to be taken for the hearing of the application.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2825 OF 2013
IN THE MATTER OF THE ESTATE OF JOSHUA NGUI PAUL MAWEU (DECEASED)
RULING
1. The application dated 19th December 2019 for confirmation of grant of letters of administration coming up for virtual hearing on 14th October, 2020, Ms. Odiya Counsel for the applicant submitted that all beneficiaries had consented to the prayers sought, and this court set it down for ruling.
2. However, having perused the application, and documents filed, I do not see any indication of a consent filed by all beneficiaries. Bearing in mind that the deceased herein had daughters that is Emmah Nduku Ngui and Faith Mueni Ngui, whose consent is not in the file, I do not consider that it will be in the interests of justice for this court to determine the application and deliver a ruling as the Law of Succession Act (Cap. 160) requires that consent for confirmation of grant and consent for the proposed mode of distribution of assets be filed by survivors also called beneficiaries.
3. In these circumstances, and in the interests of justice, I will not deliver a ruling on the application currently and instead order that all beneficiaries file their written consent to the requests made in the application, and a fresh date be taken for the hearing of the application.
Dated and delivered this 26th October, 2020.
George Dulu
JUDGE
Delivered virtually due to the COVID-19 pandemic and the Ministry of Health regulations.