[2016] KEHC 1389 (KLR)
The court found that the administrator, Francis Macharia Rebiro, had properly petitioned for the grant after serving citations on the deceased's survivors, and that no protest or objection had been filed against the proposed distribution. The court was satisfied that the requirements for confirmation of grant under...
Source-derived case information.
- Citation
- [2016] KEHC 1389 (KLR)
- Parties
- Applicant: Francis Macharia Rebiro (alias Francis Kahia); Respondent: Irungu Kamau; Respondent: Muiruri Marubu
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 682 of 2013
- Procedural Posture
- Succession Cause / Judgment on Summons for Confirmation of Grant
- Outcome
- Summons for confirmation of grant allowed; grant confirmed; distribution as proposed ordered.
- Judges
- DW Mbuteti
- 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
Francis Macharia Rebiro (alias Francis Kahia)
Applicant
Irungu Kamau
Respondent
Muiruri Marubu
Respondent
Procedural Posture
Succession Cause / Judgment on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as proposed by the administrator.
- 2 Whether the distribution of the estate as set out in the supporting affidavit is just and proper.
Ratio Decidendi
The court found that the administrator, Francis Macharia Rebiro, had properly petitioned for the grant after serving citations on the deceased's survivors, and that no protest or objection had been filed against the proposed distribution. The court was satisfied that the requirements for confirmation of grant under the Law of Succession Act had been met. Accordingly, the court confirmed the grant and ordered distribution of the estate as proposed in the supporting affidavit, allocating 3.8 acres to the administrator as purchaser/creditor and the remainder to the deceased's sons jointly.
Court Disposition
Summons for confirmation of grant allowed; grant confirmed; distribution as proposed ordered.
Orders
- The grant issued to Francis Macharia Rebiro (alias Francis Kahia) on 4th September 2012 is confirmed.
- Distribution of L.R. Loc 17/IGANJO/566 shall be as proposed: 3.8 acres to Francis Macharia Rebiro and the remainder to Irungu Kamau and Muiruri Marubu jointly.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CAUSE NO 682 OF 2013
(FORMERLY NYERI HC SUCCESSION CAUSE NO 1099 OF 2010)
IN THE MATTER OF THE ESTATE OF MARUBU KAMAU - DECEASED
FRANCIS MACHARIA REBIRO….……..…………….ADMINISTRATOR
1. IRUNGU KAMAU
2. MUIRURI MARUBU……………………………………….PROTESTORS
J U D G M E N T
1. This judgment is on the summons dated 03/12/2013 for confirmation of the grant of letters of administration intestate issued herein on 4th September 2012 to Francis Macharia Rebiro (aliasFrancis Kahia). The proposed distribution at paragraph 5 of the supporting affidavit is that the property comprising the free estate of the Deceased, L.R. Loc 17/IGANJO/566, be shared as follows –
- Francis Macharia Rebiro to get 3. 8 Acres
- Irungu Kamau and Muiruri Marubu to be registered jointly in respect of the remainder.
2. I have perused the court record and there is no affidavit of protest or other objection to confirmation filed. The Administrator, Francis Macharia Rebiro, is named in form P&A 5 as a purchaser/creditor in respect to 3. 8 acres. He petitioned for grant of letters after serving citations upon the Deceased’s survivors, Irungu Kamau and Muiruri Marubu (who are sons of the Deceased), and apparently with the leave of the court. Those two are the other beneficiaries named in the proposed distribution.
3. Having considered all matters placed before the court, I will allow the summons for confirmation of grant. The grant issued herein to Francis Macharia Rebiro (alias Francis Kahia) on 4th September 2012 is hereby confirmed. Distribution shall be as proposed at paragraph 5 of the supporting affidavit. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 3RD DAY OF MARCH 2016
H.P.G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 4TH DAY OF MARCH 2016