[2017] KEHC 8208 (KLR)
The court found that the requirements for confirmation of grant had been satisfied upon perusal of the record. The estate of the deceased is to devolve in accordance with the undated will that was lodged with the petition. There were no objections or disputes recorded, and the court was satisfied that the process...
Source-derived case information.
- Citation
- [2017] KEHC 8208 (KLR)
- Parties
- Applicant: Rajabali Ramji Virani (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 76 of 2015
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Confirmation of Grant, Wills, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rajabali Ramji Virani (Deceased)
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation should be confirmed as sought in the summons dated 23rd October 2015.
- 2 Whether the estate should devolve according to the undated will lodged with the petition.
Ratio Decidendi
The court found that the requirements for confirmation of grant had been satisfied upon perusal of the record. The estate of the deceased is to devolve in accordance with the undated will that was lodged with the petition. There were no objections or disputes recorded, and the court was satisfied that the process was in order. Accordingly, the grant was confirmed and a certificate of confirmation of grant was ordered to issue.
Court Disposition
grant confirmed
Orders
- Certificate of confirmation of grant to issue accordingly.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 76 OF 2015
IN THE MATTER OF THE ESTATE OF RAJABALI RAMJI VIRANI (DECEASED)
RULING
1. The summons dated 23rd October 2015 seeks confirmation of the grant herein dated 23rd July 2015.
2. I have perused the record and I am satisfied that the grant ought to be confirmed. The estate shall devolve as per the undated will of the deceased copy of which was lodged herein with the petition on 10th January 2015.
3. Certificate of confirmation of grant to issue accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF JANUARY, 2017.
W. MUSYOKA
JUDGE