[2020] KEHC 6487 (KLR)
The court found that the application for confirmation of grant, previously dismissed for non-attendance, had been properly reinstated. All beneficiaries had filed their consents in compliance with Rule 40(8) of the Probate and Administration Rules. There was no opposition to the proposed distribution, and the share...
Source-derived case information.
- Citation
- [2020] KEHC 6487 (KLR)
- Parties
- Applicant: Prisila Chelagat Kimei; Respondent: Samwel Kimurei Tirop (Deceased)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 866 of 2015
- Procedural Posture
- Succession Cause / Ruling on Confirmation Application and Reinstatement
- Outcome
- application for confirmation of grant allowed; estate to be distributed as proposed; certificate of confirmation to issue
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prisila Chelagat Kimei
Applicant
Samwel Kimurei Tirop (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation Application and Reinstatement
Legal Issues
- 1 Whether the application for confirmation of grant should be reinstated after dismissal for non-attendance.
- 2 Whether the estate should be distributed as per the consent of the beneficiaries.
- 3 How the share due to Prisila Chelagat Kimei should be handled in light of her protest affidavit.
Ratio Decidendi
The court found that the application for confirmation of grant, previously dismissed for non-attendance, had been properly reinstated. All beneficiaries had filed their consents in compliance with Rule 40(8) of the Probate and Administration Rules. There was no opposition to the proposed distribution, and the share due to Prisila Chelagat Kimei was to be handled as per her protest affidavit. The court therefore granted the application and ordered the estate to be distributed as proposed, with a certificate of confirmation of grant to issue accordingly.
Court Disposition
application for confirmation of grant allowed; estate to be distributed as proposed; certificate of confirmation to issue
Orders
- The application dated 9th May 2017 is reinstated.
- The estate shall be distributed as proposed in the consent of the beneficiaries.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 866 OF 2015
IN THE MATTER OF THE ESTATE OF SAMWEL KIMUREI TIROP (DECEASED)
RULING
1. The matter is for determination of a confirmation application dated 18th December 2019. It seeks reinstatement of an application dated 9Th May 2017, which was dismissed on 5th November 2019 for non-attendance, and upon its being reinstated confirmation of the grant dated 14th July 2016 in terms of the consent on distribution dated 9th May 2017, attached to the reinstated application.
2. When the application was placed before me on 20th January 2020, I reinstated the application dated 9th May 2017, and reserved the prayer for confirmation to enable me look at the record.
3. I have considered the application dated 9th May 2017. I have noted that the persons beneficially entitled have filed their consents, in compliance with Rule 40(8) of the Probate and Form 17.
4. I, therefore, grant the said Administration Rules application in the terms of the proposed distribution. The estate shall be distributed as proposed. The share due to Prisila Chelagat Kimei shall be dealt with in the manner proposed in her protest affidavit sworn on 25th May 2019. A certificate of confirmation of grant shall issue accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 30TH DAY OF APRIL, 2020
W. MUSYOKA
JUDGE