[2016] KEHC 6723 (KLR)

[2016] KEHC 6723 (KLR)

The court found that there was no reason to decline the application for confirmation of grant before the lapse of 6 months, as the assets were funds, the distribution had already been determined by the Kadhi's Court, and all beneficiaries (the widows) had consented. The court confirmed the grant as requested and...

Source-derived case information.

Citation
[2016] KEHC 6723 (KLR)
Parties
Applicant: Public Trustee; Respondent: Widows of Noor Aden Daar
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Case Number
Succession Cause 23 of 2015
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant Before Lapse of 6 Months
Outcome
grant confirmed as requested
Judges
GMA Dulu
Legal Topics
Confirmation of Grant, Distribution of Estate, Consent of Beneficiaries
Source Language
en
Family and Children Confirmation of Grant Distribution of Estate Consent of Beneficiaries

Source-derived case record

Summary, issues, holding and outcome

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Parties

Public Trustee

Applicant

Widows of Noor Aden Daar

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Confirmation of Grant Before Lapse of 6 Months

Legal Issues

  1. 1 Whether the court should confirm the grant of letters of administration before the lapse of the statutory 6 months period.
  2. 2 Whether the distribution of the estate as determined by the Kadhi's Court should be adopted.

Ratio Decidendi

The court found that there was no reason to decline the application for confirmation of grant before the lapse of 6 months, as the assets were funds, the distribution had already been determined by the Kadhi's Court, and all beneficiaries (the widows) had consented. The court confirmed the grant as requested and ordered that the distribution of assets be as determined by the Kadhi's Court.

Court Disposition

grant confirmed as requested

Orders

  • The grant is confirmed as requested.
  • The assets distribution will be as determined by the Kadhi's Court.