[2022] KEHC 1153 (KLR)
The court found that the application for confirmation of the resealed grant was merited, as there were no objections from the beneficiaries and the requirements under Section 77 of the Law of Succession Act had been satisfied. The court confirmed the resealed grant issued on 15th June 2021 and ordered that the...
Source-derived case information.
- Citation
- [2022] KEHC 1153 (KLR)
- Parties
- Applicant: Elizabetta Quadri; Respondent: Ghidotti Bruna; Respondent: Quadri Antonnietta
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 4 of 2019
- Procedural Posture
- Reseal Application / Ruling
- Outcome
- application granted
- Legal Topics
- Resealing Foreign Grants, Succession of Estates, Distribution of Immovable Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabetta Quadri
Applicant
Ghidotti Bruna
Respondent
Quadri Antonnietta
Respondent
Procedural Posture
Reseal Application / Ruling
Legal Issues
- 1 Whether the resealed grant issued on 15th June 2021 should be confirmed in respect of the Kenyan property.
- 2 Whether the estate in Kenya should be distributed as per the declaration of succession made in Italy.
Ratio Decidendi
The court found that the application for confirmation of the resealed grant was merited, as there were no objections from the beneficiaries and the requirements under Section 77 of the Law of Succession Act had been satisfied. The court confirmed the resealed grant issued on 15th June 2021 and ordered that the Kenyan property be distributed in accordance with the declaration of succession made in Italy, thereby giving effect to the foreign succession process in respect of the local asset.
Court Disposition
application granted
Orders
- The resealed grant issued on 15th June 2021 is confirmed.
- The estate in respect of the Kenyan property shall be shared out as per the declaration of succession in Italy.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENNYA
AT MOMBASA
RESEAL NO 4 OF 2019
IN THE MATTER OF THE ESTATE OF STEFANO QUADRI
RULING
1. The deceased herein an Italian national died intestate on 27th May 2005 while domiciled in Italy. He was survived by a spouse by the name of Ghidotti Bruna and two daughters namely, Quadri Elizabetta and Quadri Antonnietta. Adeclaration of succession was made by Tax office provincial Direction 11 local office Milano Gorzonzola to his daughter Elizabetta Quadri on 6th May 2016. Among the assets declared as immovable property comprising the estate is a property in Malindi to be dealt with in accordance with the Kenyan laws.
2. Consequently, Elizabetta executed a power of attorney in favour of Saleem Ghala Advocate (donee) to act on her behalf in applying for resealing of the grant in Kenya. Upon gazettement and confirmation by the principal registrar, the court issued a resealed grant on 15th June 2021. The applicant is now seeking confirmation of the grant in respect of the Kenyan property being a lease hold cottage no 7 situate on portion number 9699(original number1863/1) Malindi and registered as CR.33260 /1 with new number given as 33260/2.
3. Mr. Ndegwa holding brief for Mr. Ghala urged the court to grant the application. Beneficiaries appeared online from Italy thus raising no objection. Pursuant to the authority conferred upon this court by Section 77 of the law of succession Act on resealing of foreign grants, I am satisfied that the application is merited and the resealed grant issued on 15th June 2021 confirmed. The estate herein in respect of the property in Kenya be shared out as per the declaration of succession in Italy.
Dated, signed and delivered virtually at Mombasa this 22nd day of March, 2022
J.N.ONYIEGO
JUDGE