[2018] KEHC 6117 (KLR)

[2018] KEHC 6117 (KLR)

The court held that after confirmation of grant and vesting of property in the beneficiaries, the court cannot intervene to sell or otherwise dispose of the property on behalf of the beneficiaries. The beneficiaries have the legal right to deal with the property as they see fit, and any application seeking the...

Source-derived case information.

Citation
[2018] KEHC 6117 (KLR)
Parties
MISSING: Meshack Nyachieo Nyaribo (Deceased)
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Succession Cause 371 of 2008
Procedural Posture
Succession Cause / Ruling on Summons for Review of Grant
Outcome
summons for review of grant dismissed
Judges
DAS Majanja
Legal Topics
Succession, Confirmation of Grant, Estate Distribution
Source Language
en
Family and Children Succession Confirmation of Grant Estate Distribution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Meshack Nyachieo Nyaribo (Deceased)

MISSING

Procedural Posture

Succession Cause / Ruling on Summons for Review of Grant

Legal Issues

  1. 1 Whether the court can omit LR No. 7288/12 from the certificate of grant after confirmation.
  2. 2 Whether the court can sanction the sale of LR No. 7288/12 post-confirmation of grant.

Ratio Decidendi

The court held that after confirmation of grant and vesting of property in the beneficiaries, the court cannot intervene to sell or otherwise dispose of the property on behalf of the beneficiaries. The beneficiaries have the legal right to deal with the property as they see fit, and any application seeking the court's sanction for sale or omission of property from the certificate of grant post-confirmation is misconceived and must be dismissed.

Court Disposition

summons for review of grant dismissed

Orders

  • The summons for review of grant dated 22nd March 2018 is dismissed.