[2017] KEHC 5373 (KLR)
The court held that although the summons for confirmation of grant was filed before the expiry of the statutory six-month period, the hearing and determination occurred after more than one year had lapsed. Therefore, the statutory requirement was satisfied. The court further recognized the Kadhi's court's...
Source-derived case information.
- Citation
- [2017] KEHC 5373 (KLR)
- Parties
- Applicant: Public Trustee; Respondent: Estate of Kule Abdikadir Hassan (Deceased)
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 42 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Summons for confirmation of grant allowed; grant confirmed.
- Judges
- GMA Dulu
- 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
Public Trustee
Applicant
Estate of Kule Abdikadir Hassan (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the summons for confirmation of grant filed before the lapse of six months under section 71(1) of the Law of Succession Act is valid.
- 2 Whether the distribution of the deceased's estate should follow the determination of the Kadhi's court.
Ratio Decidendi
The court held that although the summons for confirmation of grant was filed before the expiry of the statutory six-month period, the hearing and determination occurred after more than one year had lapsed. Therefore, the statutory requirement was satisfied. The court further recognized the Kadhi's court's determination of the beneficiaries and the mode of distribution of the estate, specifically the gratuity, in accordance with Islamic law. Consequently, the court confirmed the grant of letters of administration to the Public Trustee and ordered that the distribution of the estate be as determined by the Kadhi's court.
Court Disposition
Summons for confirmation of grant allowed; grant confirmed.
Orders
- The grant of representation of letters of administration issued to the Public Trustee is confirmed.
- Distribution of the assets to be as determined by the Kadhi's court Wajir.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE 42 OF 2014
IN THE MATTER OF THE ESTATE OF KULE ABDIKADIR HASSAN
(DECEASED)
RULING
Before is a summons for confirmation of letters of administration issued to the Public Trustee by this court on 23rd March, 2015.
The summons for confirmation of grant was dated 25th March, 2015. It is thus apparent that the summons for confirmation of grant of letters for administration was filed before the lapse for the six (6) months period provided under section 71(1) of the Law of Succession Act (cap. 160). However, it was heard after the lapse of one (1) year.
Documents filed show that the Kadhi’s court in Wajir through A.A. Mursal Kadhi had in January 2014 determined the inheritance of the only assets, the gratuity of Kshs. 607,869= under Islamic Laws to the three (3) beneficiaries.
I thus allow the summons for the confirmation of grant, and order that the grant of representation of letters administration herein issued to the Public Trustee be and is hereby confirmed. The distribution of the assets will be as has been determined by the Kadhi’s court Wajir.
Certificate of confirmed grant to issue.
Dated and delivered at Garissa this 23rd May 2017.
George Dulu
JUDGE