[2024] KEHC 14023 (KLR)
The court found that the reference to the date of the grant in the summons for confirmation was an error, as the correct date of the grant was 15/1/2024 and not 15/12/2023, the latter being the date of the Kenya Gazette notice. Since there was no dispute among the beneficiaries regarding the mode of distribution of...
Source-derived case information.
- Citation
- [2024] KEHC 14023 (KLR)
- Parties
- Applicant: Joyce Njoki Kibathi; Applicant: Poline Gathoni Kibathi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E169 of 2023
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- PN Gichohi
- Legal Topics
- Confirmation of Grant, Estate Distribution, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Njoki Kibathi
Applicant
Poline Gathoni Kibathi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the summons for confirmation of grant referenced the correct date of the grant.
- 2 Whether the grant issued on 15/1/2024 should be confirmed given there is no dispute on distribution.
Ratio Decidendi
The court found that the reference to the date of the grant in the summons for confirmation was an error, as the correct date of the grant was 15/1/2024 and not 15/12/2023, the latter being the date of the Kenya Gazette notice. Since there was no dispute among the beneficiaries regarding the mode of distribution of the estate, and all procedural requirements had been satisfied, the court confirmed the grant issued on 15/1/2024. The court also commended the parties for their cohesion and cooperation in the administration of the estate.
Court Disposition
grant confirmed
Orders
- The grant issued on 15/1/2024 is confirmed.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of the Late Hellen Wambui Kibathi (Deceased) (Succession Cause E169 of 2023) [2024] KEHC 14023 (KLR) (11 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14023 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause E169 of 2023
PN Gichohi, J
November 11, 2024
IN THE MATTER OF THE ESTATE OF THE LATE HELLEN WAMBUI KIBATHI (DECEASED)
In the matter of
Joyce Njoki Kibathi
1st Applicant
Poline Gathoni Kibathi
2nd Applicant
Ruling
1. What came up today is the summons dated 13/8/2024 for confirmation of grant issued on 15/12/2023 according to the Applicant but that is an error.
2. The date quoted is the date of Kenya Gazette.
3. The grant for confirmation is the one issued on 15/1/2024. There is no other grant.
4. This court therefore takes it as an error apparent on the record of that application dated 13/8/2024.
5. There being no disagreement as to the mode of distribution, the grant issued on 15/1/2024 be and is hereby confirmed.
6. Parties commended for cohesion in their family.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 11TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Ms Karanja for Mr Matiri for the ApplicantRuto, Court Assistant