[2023] KEHC 24113 (KLR)
The court found that the certificate of confirmation of grant issued on December 31, 2013 was fundamentally flawed as it failed to disclose all beneficiaries of the estate as required by law, did not distribute the estate, and omitted one of the two appointed administratrices without explanation, despite the...
Source-derived case information.
- Citation
- [2023] KEHC 24113 (KLR)
- Parties
- Applicant: Jane Moseti; Respondent: Mark Moseti Mwamba (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 251 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Confirmation of Grant and Directions for Fresh Confirmation
- Outcome
- Certificate of confirmation of grant set aside; fresh summons for confirmation of grant to be filed; application dated September 1, 2023 to be considered with the fresh summons.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Beneficiary Rights, Trusteeship of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Moseti
Applicant
Mark Moseti Mwamba (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Confirmation of Grant and Directions for Fresh Confirmation
Legal Issues
- 1 Whether the certificate of confirmation of grant issued on December 31, 2013 was valid given the non-disclosure of all beneficiaries.
- 2 Whether the omission of the second administratrix in the confirmation of grant was justified.
- 3 Whether the estate was properly distributed in accordance with the law.
Ratio Decidendi
The court found that the certificate of confirmation of grant issued on December 31, 2013 was fundamentally flawed as it failed to disclose all beneficiaries of the estate as required by law, did not distribute the estate, and omitted one of the two appointed administratrices without explanation, despite the presence of a minor beneficiary. These omissions contravened the mandatory provisions of the Law of Succession Act regarding disclosure, representation, and distribution. Consequently, the court set aside the confirmation of grant, recalled the certificate, and directed the petitioners to file a fresh summons for confirmation of grant with a full schedule of assets, beneficiaries, and...
Court Disposition
Certificate of confirmation of grant set aside; fresh summons for confirmation of grant to be filed; application dated September 1, 2023 to be considered with the fresh summons.
Orders
- The order made on December 31, 2013 confirming the grant is set aside.
- The certificate of confirmation of grant issued is recalled.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Mark Moseti Mwamba (Deceased) (Succession Cause 251 of 2012) [2023] KEHC 24113 (KLR) (23 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24113 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 251 of 2012
RE Aburili, J
October 23, 2023
IN THE MATTER OF THE ESTATE OF MARK MOSETI MWAMBA................................................(DECEASED) AND IN THE MATTER OF AN APPLICATION BY JANE MOSETI..............................................................APPLICANT
Ruling
1. I have perused this succession cause which was filed in the year 2012 which is over ten years ago and I note that there are other beneficiaries in the estate as listed in the Chief’s letter dated 5/3/2012 but the certificate of confirmation of grant dated December 31, 2013 does not disclose them.
2. The order made on December 31, 2013 confirming the grant does not distribute the estate and neither does it disclose that the petitioners/administrators were to hold the property in trust for themselves and on behalf of the other beneficiaries. Furthermore, despite the grant having been issued in the names of two administratices as there was a minor in the estate, the confirmation was issued to only one administratix and no reasons were given for the omission of the second administratix. Accordingly, the order made on December 31, 2013 confirming the grant is hereby set aside.
3. The certificate of confirmation of grant issued is hereby recalled. The Petitioners to file a fresh summons for confirmation of grant providing a schedule of all assets and beneficiaries and their shares in the estate.
4. The application dated September 1, 2023 shall be considered alongside the fresh summons for confirmation of grant.
5. Mention on November 14, 2023 to confirm filing of the fresh summons for confirmation of grant.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RDDAY OF OCTOBER, 2023R. E. ABURILIJUDGE