[2024] KEHC 7147 (KLR)
The court found that all beneficiaries of the estate of Samuel Ngore Matu were present and individually confirmed their agreement with the proposed mode of distribution. There being no dispute or objection, the court confirmed the grant as prayed, commending the family for their cohesion and unity in the succession...
Source-derived case information.
- Citation
- [2024] KEHC 7147 (KLR)
- Parties
- Applicant: Ruth Wangari Matu; Applicant: Janet Nyaguthii Matu; Applicant: Mary Waturi Matu; Applicant: George Kingori Matu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E024 of 2023
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed as prayed.
- Judges
- PN Gichohi
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Agreement Among Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Wangari Matu
Applicant
Janet Nyaguthii Matu
Applicant
Mary Waturi Matu
Applicant
George Kingori Matu
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed as prayed by the petitioners.
- 2 Whether all beneficiaries are in agreement on the mode of distribution of the deceased's estate.
Ratio Decidendi
The court found that all beneficiaries of the estate of Samuel Ngore Matu were present and individually confirmed their agreement with the proposed mode of distribution. There being no dispute or objection, the court confirmed the grant as prayed, commending the family for their cohesion and unity in the succession process. The legal requirement for confirmation of grant under Section 71 of the Law of Succession Act was satisfied, as all beneficiaries consented to the distribution and no issues remained unresolved.
Court Disposition
Grant confirmed as prayed.
Orders
- The grant of letters of administration intestate issued on 5/6/2023 is hereby confirmed as prayed.
- The estate shall be distributed in accordance with the agreed mode among the beneficiaries.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Samuel Ngore Matu (Deceased) (Succession Cause E024 of 2023) [2024] KEHC 7147 (KLR) (12 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7147 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause E024 of 2023
PN Gichohi, J
June 12, 2024
In The Matter Of Estate Of Samuel Ngore Matu (Deceased)
In the matter of
Ruth Wangari Matu
1st Petitioner
Janet Nyaguthii Matu
2nd Petitioner
Mary Waturi Matu
3rd Petitioner
George Kingori Matu
4th Petitioner
Ruling
1. What was coming up today is summons dated 1st February, 2024 for confirmation of grant issued on 5/6/2023.
2. All the beneficiaries have attended court (some virtually and others physically in open court).
3. Each of the beneficiaries that is:-i.Ruth Wangare Matu (widow).ii.Janet Nyaguthii Matu (daughter)iii.George Kingori Matu (son).iv.Mary Waturi Matu (daughter).v.Peter Gachoka Matu (son).vi.Elvis Njenga Kamau (son).Has individually and in the presence of all of them, confirmed that to this court that they are in agreement on the mode of distribution.There being no disagreement the grant is confirmed as prayed. The beneficiaries are commended for cohesion in their family.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 12TH DAY OF JUNE, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr Cheruiyot for Mr Chege for Petitioner.Ruto - Court Assistant.