[2024] KEHC 14581 (KLR)
The court found that there was no disagreement among the beneficiaries regarding the distribution of the estate and that the urgency of the matter warranted immediate confirmation of the grant. The application was therefore allowed, and the grant issued on 1/7/2024 was confirmed as prayed, enabling the estate to be...
Source-derived case information.
- Citation
- [2024] KEHC 14581 (KLR)
- Parties
- Applicant: Celestine Getanda Marube; Applicant: Zachary Getenga Marube
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E075 of 2024
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Application allowed; grant confirmed as prayed.
- Judges
- PN Gichohi
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Celestine Getanda Marube
Applicant
Zachary Getenga Marube
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of representation issued on 1/7/2024 should be confirmed as prayed.
- 2 Whether the estate of the deceased should be distributed as proposed by the applicants.
Ratio Decidendi
The court found that there was no disagreement among the beneficiaries regarding the distribution of the estate and that the urgency of the matter warranted immediate confirmation of the grant. The application was therefore allowed, and the grant issued on 1/7/2024 was confirmed as prayed, enabling the estate to be distributed according to the beneficiaries' proposal.
Court Disposition
Application allowed; grant confirmed as prayed.
Orders
- The application dated 7/10/2024 is allowed.
- The estate of the deceased to be distributed as prayed.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of the Late Alice Marube alias Alice Asiago alias Alice Bosibori Asiago (Deceased) (Succession Cause E075 of 2024) [2024] KEHC 14581 (KLR) (18 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14581 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause E075 of 2024
PN Gichohi, J
November 18, 2024
IN THE MATTER OF THE ESTATE OF THE LATE ALICE MARUBE alias ALICE ASIAGO alias ALICE BOSIBORI ASIAGO (DECEASED)
In the matter of
Celestine Getanda Marube
1st Applicant
Zachary Getenga Marube
2nd Applicant
Ruling
1. The court has considered the chamber summons dated 7/10/2024 brought under certificate of urgency under section 71(3) of Cap 160.
2. The court has seen the two beneficiaries and heard their reasons in support of this application.
3. There being no disagreement and considering the urgency of the matter, the application is allowed and the Estate of deceased to be distributed as prayed.
4. The grant issued on 1/7/2024 to the two beneficiaries be and is hereby confirmed as prayed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 18THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr Tanga for beneficiariesRuto, Court Assistant