[2018] KEHC 2771 (KLR)
The court found that the administrators had complied with all procedural requirements for confirmation of grant, including filing a supplementary affidavit to cure an earlier anomaly and obtaining the consent of all dependants/survivors. No objections or protests were raised, either by affidavit or in open court....
Source-derived case information.
- Citation
- [2018] KEHC 2771 (KLR)
- Parties
- Applicant: Lawrence Muhia Njoroge (alias Lawrence Mwihia Njoroge); Applicant: Charles Ndung’u Njoroge
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 17 of 2015
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- grant confirmed; distribution ordered as proposed
- Judges
- DW Mbuteti
- Legal Topics
- Succession, Confirmation of Grant, Intestate Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Muhia Njoroge (alias Lawrence Mwihia Njoroge)
Applicant
Charles Ndung’u Njoroge
Applicant
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as sought by the administrators.
- 2 Whether the distribution of the deceased's net estate as proposed in the supplementary affidavit is proper.
Ratio Decidendi
The court found that the administrators had complied with all procedural requirements for confirmation of grant, including filing a supplementary affidavit to cure an earlier anomaly and obtaining the consent of all dependants/survivors. No objections or protests were raised, either by affidavit or in open court. The court was satisfied that the proposed distribution of the deceased's net estate was agreed upon by all beneficiaries and that the process was regular. Accordingly, the court allowed the summons for confirmation of grant and confirmed the grant as sought, ordering distribution as set out in the supplementary affidavit.
Court Disposition
grant confirmed; distribution ordered as proposed
Orders
- The summons for confirmation of grant is allowed.
- The grant of letters of administration intestate is confirmed as sought.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
SUCCESSION CAUSE NO 17 OF 2015
(FORMELY NYERI HC SUCCESSION CAUSE NO 195 OF 2015)IN THE MATTER OF THE ESTATE OF MIRRIAM NJOKI NJOROGE (alias NJOKI NJOROGE MWIHIA), DECEASED
1. LAWRENCE MUHIA NJOROGE(alias LAWRENCE MWIHIA NJOROGE)
2. CHARLES NDUNG’U NJOROGE...................ADMINISTRATORS/APPLICANTS
J U D G M E N T
1. The Deceased herein, MIRRIAM NJOKI NJOROGE (alias Njoki Njoroge Mwihia) died intestate on 06/06/2006. On 24/11/2016 a grant of letters of administration intestate was made jointly to the two Administrators named above; the same was issued on 29/11/2016.
2. By summons dated 26/07/2017 the Administrators applied for confirmation of that grant. However, the joint supporting affidavit was not sworn by the 2nd Administrator, and the court directed on 22/05/2018 that this anomaly be corrected by way of a supplementary affidavit. Such affidavit, duly sworn by the 2nd Administrator, was filed on 12/06/2018.
3. A consent in Form 37 dated 06/03/2018, duly signed by all the other dependants/survivors of the Deceased, had been filed in court on 07/03/208. That notwithstanding, those dependants all appeared before the court on 16/07/2018. They all had no objection to confirmation of grant and distribution of the Deceased’s net estate as set out in the supplementary affidavit aforesaid. At any rate, no affidavit of protest or other objection to confirmation of grant was filed.
4. In these circumstances, the court is happy to allow the summons for confirmation of grant, and confirm the grant as sought. Distribution shall be as proposed at paragraph 5 of the supplementary affidavit sworn by Charles Ndung’u Njoroge and filed on 12/06/2018. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 30TH DAY OF OCTOBER 2018
H P G WAWERU
JUDGE
DELIVERED IN OPEN COURT THIS 1ST DAY OF NOVEMBER 2018