[2018] KEHC 8007 (KLR)
The court found that the protestor had not filed or served any proceedings in the Environment and Land Court or any other appropriate court to pursue his claim in the deceased's estate. In the absence of any such challenge, the court allowed the summons for confirmation of grant filed by the administrator. The grant...
Source-derived case information.
- Citation
- [2018] KEHC 8007 (KLR)
- Parties
- Applicant: Gichohi Mwangi; Respondent: Simon Irungu Joshua
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 878 of 2013
- Procedural Posture
- Succession Cause / Final Judgment
- Outcome
- Grant of letters of administration intestate confirmed; estate to be distributed as proposed; parties to bear own costs.
- Judges
- DW Mbuteti
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gichohi Mwangi
Applicant
Simon Irungu Joshua
Respondent
Procedural Posture
Succession Cause / Final Judgment
Legal Issues
- 1 Whether the protestor had pursued his claim in the appropriate court regarding the deceased's estate.
- 2 Whether the grant of letters of administration intestate should be confirmed and the estate distributed as proposed.
Ratio Decidendi
The court found that the protestor had not filed or served any proceedings in the Environment and Land Court or any other appropriate court to pursue his claim in the deceased's estate. In the absence of any such challenge, the court allowed the summons for confirmation of grant filed by the administrator. The grant of letters of administration intestate made to Gichohi Mwangi was confirmed, and the estate was ordered to be distributed as proposed in the supporting affidavit. The court further ordered that each party bear their own costs.
Court Disposition
Grant of letters of administration intestate confirmed; estate to be distributed as proposed; parties to bear own costs.
Orders
- The grant of letters of administration intestate made on 26/04/2012 to Gichohi Mwangi is confirmed.
- Distribution of the estate shall be as proposed at paragraph 6 of the supporting affidavit.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CAUSE NO 878 OF 2013
(FORMERLY NYERI HC SUCCESSION CAUSE NO 72 OF 2012)
IN THE MATTER OF THE ESTATE OF MWANGI KAMBOGO- DECEASED
GICHOHI MWANGI…………….............……....ADMINISTRATOR/APPLICANT
VERSUS
SIMON IRUNGU JOSHUA……….......………………………………PROTESTOR
F I N A L J U D G M E N T
1. Further to the preliminary judgment in this cause dated 22nd and delivered on 23rd September 2016, it was noted on 08/03/2017 when the matter came up for mention that the Protestor Simon Irungu Joshua had not filed any proceedings in the Environment and Land Court or in any other appropriate court to pursue his claim in the Deceased’s estate herein. At any rate no such proceedings have been served upon the Administrator or exhibited to court.
2. I will in the event allow the summons filed on 03/12/2013 for confirmation of grant. The grant of letters of administration intestate made on 26/04/2012 to Gichohi Mwangi is hereby confirmed. Distribution shall be as proposed at paragraph 6 of the supporting affidavit. It is so ordered. Parties shall bear their own costs of these proceedings.
DATED AND SIGNED AT MURANG’A THIS 16TH DAY OF MARCH 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 24TH DAY OF MARCH 2017