[2024] KEHC 12309 (KLR)
The court found that the application for confirmation of grant was well merited as all beneficiaries had consented to the proposed mode of distribution, and the application was properly supported by affidavit and oral submissions. There being no opposition, the court exercised its discretion under the Law of...
Source-derived case information.
- Citation
- [2024] KEHC 12309 (KLR)
- Parties
- Applicant: Gerlinda Janmat
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Appeal E024 of 2023
- Procedural Posture
- Succession Appeal / Ruling on Chamber Summons for Confirmation of Grant and Distribution
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerlinda Janmat
Applicant
Procedural Posture
Succession Appeal / Ruling on Chamber Summons for Confirmation of Grant and Distribution
Legal Issues
- 1 Whether the application for confirmation of grant and proposed mode of distribution should be allowed.
Ratio Decidendi
The court found that the application for confirmation of grant was well merited as all beneficiaries had consented to the proposed mode of distribution, and the application was properly supported by affidavit and oral submissions. There being no opposition, the court exercised its discretion under the Law of Succession Act to confirm the grant and order distribution of the estate as per the schedule provided by the applicant. The court further ordered that a certificate of confirmation of grant be issued and the file be marked as closed.
Court Disposition
application allowed
Orders
- The estate of the deceased shall be distributed as per the schedule of distribution contained in paragraph 4 of the supporting affidavit of Gerlinda Janmat.
- A certificate of confirmation of grant to issue accordingly.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Kanchanben Nemchand Guka aka Kanchanben Nemchad aka Kanchanben Nemchand - Deceased (Succession Appeal E024 of 2023) [2024] KEHC 12309 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12309 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Appeal E024 of 2023
MS Shariff, J
October 14, 2024
IN THE MATTER OF THE ESTATE OF KANCHANBEN NEMCHAND GUKA aka KANCHANBEN NEMCHAD aka KANCHANBEN NEMCHAND - DECEASED
In the matter of
Gerlinda Janmat
Applicant
Ruling
I have considered the chamber summons dated 12th August 2024 and the supporting affidavit sworn by Gerlinda Janmat on even date. I have also considered the oral submissions of Mr. Magaga Counsel for the Applicant and the beneficiaries who are all present virtually and who have consented to the proposed mode of distribution and I find that the application is well merited. I thus allow it and make the following orders:-1. The estate of the deceased shall be distributed as per the schedule of distribution contained in paragraph 4 of the supporting affidavit of Gerlinda Janmat.2. A certificate of confirmation of grant to issue accordingly.
3. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE1 | Page