[2024] KEHC 11012 (KLR)

[2024] KEHC 11012 (KLR)

The court found that the summons for confirmation of grant was properly supported by affidavit and the proposed distribution was unopposed. Accordingly, the court allowed the application and ordered that the estate be distributed as per the supporting affidavit and annexed schedule, and directed that a certificate...

Source-derived case information.

Citation
[2024] KEHC 11012 (KLR)
Parties
Applicant: Salome Atieno Musira; Applicant: Lucy Anyango Musira; Applicant: Grace Auma Musir
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 17 of 2019
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
Summons for confirmation of grant allowed; estate to be distributed as per supporting affidavit and annexed schedule; certificate of confirmation of grant to issue; file closed.
Judges
MS Shariff
Legal Topics
Confirmation of Grant, Distribution of Estate, Succession Procedure
Source Language
en
Family and Children Confirmation of Grant Distribution of Estate Succession Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Salome Atieno Musira

Applicant

Lucy Anyango Musira

Applicant

Grace Auma Musir

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the summons for confirmation of grant should be allowed and the estate distributed as proposed.

Ratio Decidendi

The court found that the summons for confirmation of grant was properly supported by affidavit and the proposed distribution was unopposed. Accordingly, the court allowed the application and ordered that the estate be distributed as per the supporting affidavit and annexed schedule, and directed that a certificate of confirmation of grant be issued.

Court Disposition

Summons for confirmation of grant allowed; estate to be distributed as per supporting affidavit and annexed schedule; certificate of confirmation of grant to issue; file closed.

Orders

  • The estate of the deceased shall be distributed in terms of paragraph 8 of the supporting affidavit and the annexed schedule of distribution attached to the supporting affidavit.
  • A certificate of confirmation of grant to issue accordingly.