[2024] KEHC 10355 (KLR)
The court determined that confirmation of the grant could not proceed until all issues regarding the status and representation of the deceased or missing beneficiaries were resolved. Specifically, the court required production of a death certificate for Rose Nyambura Thiongo and evidence of a limited grant for her...
Source-derived case information.
- Citation
- [2024] KEHC 10355 (KLR)
- Parties
- Applicant: Mary Njeri Kimemia
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 9 of 2017
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Adjourned for further directions; confirmation of grant deferred pending production of documents and representation of deceased beneficiaries.
- Judges
- GL Nzioka
- Legal Topics
- Confirmation of Grant, Letters of Administration, Presumption of Death, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Njeri Kimemia
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate issued to the applicant should be confirmed.
- 2 How to address the status of beneficiaries who are deceased or presumed dead.
- 3 Whether proper representation exists for the estate of deceased beneficiaries.
Ratio Decidendi
The court determined that confirmation of the grant could not proceed until all issues regarding the status and representation of the deceased or missing beneficiaries were resolved. Specifically, the court required production of a death certificate for Rose Nyambura Thiongo and evidence of a limited grant for her estate's representation, as well as acknowledgment of the presumption of death for Francis Njoya Njuguna. The court also noted that the bequest to George Kinyanjui Njuguna had abated due to his death and lack of family. The matter was adjourned for the Deputy Registrar to obtain the necessary documents and revert the file for final orders, ensuring all beneficiaries are properly...
Court Disposition
Adjourned for further directions; confirmation of grant deferred pending production of documents and representation of deceased beneficiaries.
Orders
- Hon. Deputy Registrar to call for the limited grant of letters of administration intestate and death certificate for Rose Nyambura Thiongo.
- File to be reverted to court on or before 26th August 2024 for final orders.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Monicah Nyakaro Njuguna (Deceased) (Succession Cause 9 of 2017) [2024] KEHC 10355 (KLR) (21 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10355 (KLR)
Republic of Kenya
In the High Court at Naivasha
Succession Cause 9 of 2017
GL Nzioka, J
August 21, 2024
In the matter of
Mary Njeri Kimemia
Applicant
Ruling
1. The ruling herein relates to summons for confirmation of grant dated 6th March 2024. The applicant who is the Administrator of the Estate of the deceased Monicah Nyakaro Njuguna alias Monikah Nyararo Njuguna prays that the letters of administration intestate issued to her on 14th July 2023 be confirmed and the costs of the application be in the cause.
2. The application is supported by the applicant’s affidavit in support thereof. The subject affidavit lists the beneficiaries of the Estate of the deceased at paragraph 2 thereof.
3. On the 13th day of March 2023, the court noted that, three (3) of the beneficiaries were not in court. Two of them named; Rose Nyambura Thiongo and George Kinyanjui were said to be deceased while Francis Njoya Njuguna was said to have gone missing.
4. Subsequently the representative of Francis Njoya Njuguna availed a court order dated; 13th May 2024 issued at Nyandarua High Court vide High Court Miscellaneous Application No 1 of 2024 whereby the court ordered that the subject Njoya Njuguna be presumed dead.
5. The husband of Rose Nyambura Thiongo on his part indicated that he had availed her death certificate, although I cannot see a copy on the file. I direct the Hon. Deputy Registrar to trace the same and place it on the court file.
6. It is also indicated that, David Thiongo Njoroge the husband of the deceased Rose Nyambura was in the process of obtaining a limited grant of letters of administration intestate to allow him acquire legal and locus standi to represent the estate of the deceased; Rose Nyambura.
7. As regards George Kinyanjui Njuguna, it was stated that, he had no family hence his bequeath has abated on his death.
8. Pursuant to the afore said I direct that, the Hon. Deputy Registrar call for the said limited grant of letters of administration intestate (if available) and a death certificate in relation to Rose Nyambura Thiogo and revert the file to court on or before the 26th day of August 2024, to enable the court issue final orders in this otherwise old matter. The In-charge Registry to ensure this order is brought to the attention of the Hon. Deputy Registrar and the parties and be acted on accordingly.
DATED, DELIVERED AND SIGNED THIS 21ST DAY OF AUGUST 2024. GRACE L. NZIOKAJUDGEIn the presence of:N/A by the applicantMs. Ogutu: court assistant