[2018] KEHC 7503 (KLR)
The court found that the applicant had complied with the legal requirements for confirmation of grant by providing a proposed distribution that included all beneficiaries, even the one who did not sign the consent. The non-consenting beneficiary, John Ngarachu Ihura, was given an opportunity to object but failed to...
Source-derived case information.
- Citation
- [2018] KEHC 7503 (KLR)
- Parties
- Applicant: Jacinta Waruinu Kariuki; Respondent: John Ngarachu Ihura
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 470 of 2014
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- grant confirmed
- Judges
- DW Mbuteti
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacinta Waruinu Kariuki
Applicant
John Ngarachu Ihura
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as sought by the applicant.
- 2 Whether the proposed distribution of the estate is fair and includes all beneficiaries, including the non-consenting John Ngarachu Ihura.
Ratio Decidendi
The court found that the applicant had complied with the legal requirements for confirmation of grant by providing a proposed distribution that included all beneficiaries, even the one who did not sign the consent. The non-consenting beneficiary, John Ngarachu Ihura, was given an opportunity to object but failed to do so, and was nonetheless provided for equally. The court was satisfied that the interests of all beneficiaries were protected and that there was no valid objection to the confirmation or the proposed distribution. Accordingly, the grant was confirmed as sought, and the estate was to be distributed as proposed in the supporting affidavit.
Court Disposition
grant confirmed
Orders
- The application 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
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CAUSE NO 470 OF 2014
IN THE MATTER OF THE ESTATE OF NGARACHU GAITHA- DECEASED
JACINTA WARUINU KARIUKI………………….……….…...APPLICANT
J U D G M E N T
1. A grant of letters of administration intestate was made herein on 09/06/2015 to Jacinta Waruinu Kariuki. The same was issued on 06/07/2015.
2. By summons dated 01/04/2016 the Administrator sought confirmation of that grant. I have read the application and supporting affidavit. To the application is also annexed a consent in Form 37 signed by all the beneficiaries except one John Ngarachu Ihura. Despite being accorded due opportunity to file an affidavit of protest as intimated by his learned counsel, he never did so. He has nevertheless been catered for in the distribution proposed by the Administrator, along with, and in equal measure to, the other beneficiaries.
3. At the hearing of the application for confirmation, the aforesaid John Ngarachu Ihura made no representations. He was still represented by counsel.
4. Having considered the material now before the court, I will allow the application and confirm the grant as sought. Distribution shall be as proposed at paragraph 6 of the supporting affidavit. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 15TH DAY MARCH 2018
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 16TH DAY OF MARCH 2018