[2018] KEHC 8783 (KLR)
The court found that although the application for confirmation of grant was filed before the statutory six-month period had lapsed, the hearing and determination occurred after the lapse of that period. There was no opposition to the application, and the distribution of the estate had already been determined by the...
Source-derived case information.
- Citation
- [2018] KEHC 8783 (KLR)
- Parties
- Applicant: Public Trustee; Respondent: Osman Ali
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 9 of 2016
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application for confirmation of grant allowed; grant confirmed
- Judges
- GMA Dulu
- Legal Topics
- Succession, Confirmation of Grant, Letters of Administration, Islamic Law of Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Trustee
Applicant
Osman Ali
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant can be allowed before the lapse of six months from the date of issuance of the initial grant as required by law.
- 2 Whether the distribution of the estate as determined by the Kadhi's court under Islamic Law is valid and uncontested.
Ratio Decidendi
The court found that although the application for confirmation of grant was filed before the statutory six-month period had lapsed, the hearing and determination occurred after the lapse of that period. There was no opposition to the application, and the distribution of the estate had already been determined by the Kadhi's court under Islamic Law, with no complaints or objections raised. The court therefore allowed the application and confirmed the grant, ordering that the distribution of the assets proceed as determined by the Kadhi's court.
Court Disposition
application for confirmation of grant allowed; grant confirmed
Orders
- The letters of administration issued to the Public Trustee are confirmed.
- Distribution of the assets shall be as determined by the Kadhi's court at Wajir.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 9 OF 2016
IN THE MATTER OF THE ESTATE OF MOHAMED MAALIM MUHUMED (DECEASED).
RULING
1. Before me is an application brought by way of Summons dated 27th June, 2017 for confirmation of the grant of letters of administration issued to the Public Trustee on 22nd June, 2017 in the estate of the late Mohamed Maalim Muhumed who died on 18th May, 2013.
2. The application is not opposed, and nobody has made a claim against the assets of the estate. The application for confirmation of letters of administration was however filed on 29th June, 2017 just about seven (7) days after the initial grant of representation of letters of administration was issued on 22nd June, 2017 before the lapse of six months from the date of issuance of the initial grant of representation, as required under Section 71 (1) of the Law of Succession Act (Cap. 160). In my view, if the Public Trustee wants to obtain a confirmed grant of letters of administration before the statutory period of 6 months, he should invoke the provisions of Section 71 (3) or (4) as may be appropriate in each specific case.
3. That said, the application herein was heard on 6th December, 2017 almost six months from its filing. I heard the Assistant Public Trustee make submissions before this court.
4. On the hearing date of the application for confirmation of grant, Osman Ali a brother of the deceased was present in court. He had also appeared in court on 22nd June, 2017 for the hearing of the application for the initial grant of letters of administration. Explanations on why the widow and mother of the deceased were not able to attend court were given by the Assistant Public Trustee in his presence. They were poor people from Wajir County. Distribution of the assets of the estate comprising of cash only had also been determined by the Kadhi’s court under Islamic Law of Succession and Inheritance, and there has been no complaint lodged on that decision.
5. I thus allow the application and order that the letters of administration in estate herein issued to the Public Trustee be and are hereby confirmed. Distribution of the assets will be as has already been determined by the Kadhi’s court at Wajir. Certificate of confirmed grant to issue.
Dated and delivered at Garissa on 30th January, 2018
George Dulu
JUDGE