[2019] KEHC 11033 (KLR)
The court determined that the confirmation of grant could not proceed due to unresolved material questions regarding the status of the deceased's marriages, the paternity of children, the shareholding and assets of N Enterprises Ltd, and the creditors of the estate. The affidavits on record were found to be...
Source-derived case information.
- Citation
- [2019] KEHC 11033 (KLR)
- Parties
- Respondent: JWG; Applicant: LWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2004 of 2015
- Procedural Posture
- Succession Cause / Directions Prior to Confirmation of Grant
- Outcome
- Matter adjourned for oral hearing; confirmation of grant deferred.
- Judges
- AO Muchelule, A Ali-Aroni
- Legal Topics
- Succession, Confirmation of Grant, Status of Marriage, Beneficiaries, Company Shareholding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JWG
Respondent
LWN
Applicant
Procedural Posture
Succession Cause / Directions Prior to Confirmation of Grant
Legal Issues
- 1 Were the deceased and JWG still married at the time of death?
- 2 Were there divorce proceedings between the deceased and JWG, and had a divorce been granted?
- 3 For how long had the deceased and JWG been married?
Ratio Decidendi
The court determined that the confirmation of grant could not proceed due to unresolved material questions regarding the status of the deceased's marriages, the paternity of children, the shareholding and assets of N Enterprises Ltd, and the creditors of the estate. The affidavits on record were found to be insufficient to resolve these issues. Consequently, the court directed that the matter be heard orally, allowing parties to file further affidavits addressing the identified questions. This approach ensures that the confirmation of grant is based on a clear and complete factual record, in line with the requirements of the Law of Succession Act and the Probate and Administration Rules.
Court Disposition
Matter adjourned for oral hearing; confirmation of grant deferred.
Orders
- Matter to be heard orally on 16th April 2019.
- Parties may file further affidavits on the identified questions within 30 days.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2004 OF 2015
IN THE MATTER OF THE ESTATE OF NNN (DECEASED)
DIRECTIONS
1. I have looked at the application for confirmation and the responses. There are questions that the rival affidavits do not answer. The questions are as follows: -
(a) Were the deceased and JWG still married at the time the former died on 5th July 2015?
(b) Were there divorce proceedings between the two, and had a divorce been granted?
(c) For how long had the two been married?
(d) When did the deceased marry LWN, if at all?
(e) Are her two children the children of the deceased?
(f) Who were the shareholders of N Enterprises Ltd at the time of the deceased’s death, and how many shares did the deceased have in the company?
(g) What properties did the company own at the time of the deceased’s death?
(h) Who are the creditors of the estate of the deceased, and how much is that credit?
2. It is my considered view that the grant issued cannot be confirmed before a determination is made on these questions.
3. Counsel to the parties had agreed to have the dispute determined on affidavit evidence and written submissions. But the affidavits have provided very scanty information, especially on the issues above.
4. I consequently direct that the matter be heard orally on 16th April 2019. In the meantime, parties are at liberty to file within 30 days any further affidavits on the above questions.
DATED and SIGNED at NAIROBI this 5TH day of FEBRUARY 2019.
A.O. MUCHELULE
JUDGE
DATED and DELIVERED at NAIROBI this 11TH day of FEBRUARY 2019.
ALI-ARONI
JUDGE