[2025] KEHC 3633 (KLR)
The court found that the application for confirmation of grant was properly before it, having been filed in accordance with its prior directions and the relevant statutory provisions. The grant of letters of administration de bonis non issued to Mary Nyambura and Ruth Wambui Lugandiru was valid and the proposed mode...
Source-derived case information.
- Citation
- [2025] KEHC 3633 (KLR)
- Parties
- Applicant: Mary Nyambura; Applicant: Ruth Wambui Lugandiru; Respondent: Francis Maina Wanjiku; Respondent: Leah Muthoni; Respondent: Sammy Ndiritu Maina; Respondent: Peter Mwangi Maina; Respondent: John Muraya Maina; Respondent: Sophia Njeri Maina
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 321 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- grant confirmed and distribution ordered
- Judges
- SM Mohochi
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Letters of Administration, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Nyambura
Applicant
Ruth Wambui Lugandiru
Applicant
Francis Maina Wanjiku
Respondent
Leah Muthoni
Respondent
Sammy Ndiritu Maina
Respondent
Peter Mwangi Maina
Respondent
John Muraya Maina
Respondent
Sophia Njeri Maina
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration de bonis non should be confirmed as prayed.
- 2 Whether the distribution of the remaining estate assets should be approved as proposed by the administrators.
- 3 Whether the summons for confirmation of grant was properly filed in the correct probate file.
Ratio Decidendi
The court found that the application for confirmation of grant was properly before it, having been filed in accordance with its prior directions and the relevant statutory provisions. The grant of letters of administration de bonis non issued to Mary Nyambura and Ruth Wambui Lugandiru was valid and the proposed mode of distribution was fair, equitable, and consented to by all beneficiaries. The court was satisfied that the administrators intended only to distribute the remainder of the non-administered property as per the initial grant and that no beneficiary was prejudiced. Accordingly, the court confirmed the rectified grant and ordered the distribution of the remaining assets as...
Court Disposition
grant confirmed and distribution ordered
Orders
- The rectified grant dated 3rd October 2024 is confirmed.
- The assets of the deceased remaining undistributed or unadministered shall be distributed as proposed in the application.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of the Late Zelipha Wanjiku alias Wanjiku Gachoka (Deceased) (Succession Cause 321 of 2006) [2025] KEHC 3633 (KLR) (25 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3633 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 321 of 2006
SM Mohochi, J
March 25, 2025
(Ruling In the Matter of The Estate of The Late Zelipha Wanjiku Alias Wanjiku Gachoka (Deceased) P&A No 321 of 2006)
Ruling
1. Before me is a summons for confirmation of grant dated 4th November 2024 filed pursuant to the directions of this court on 3rd October 2024 and Section 71 of Law Succession Act Cap 160 Laws of Kenya and Rule 40 of Probate and Administration Rules.
2. The motion seeks that, the Grant of Letters of Administration De Bonis Non issued to Mary Nyambura and Ruth Wambul Lugandiru on 3rd October 2024 be confirmed and that cost of this Application be in the cause.
3. The motion is consented to and uncontested and is premised on the grounds that, letters of administration were granted by this Honourable Court on 9th May 2007 to Francis Maina Wanjiku and Ruth Wambul Lugandiru and soon thereafter, Mary Nyambura and Ruth Wambui Lugandiru applied for letters de bonis non which were issued on 3rd October 2024.
4. That, the administrators only intend to distribute the remainder of the non-administered property as per the initial Letters of Administration herein attached.
5. The Court had directed that the summons for confirmation of grant be filed in this probate file as opposed to the P&A no146 of 2024 for good order and that the registration of a fresh probate number was in error.
6. This court has upon hearing advocate Ms. Wanyama and upon scrutiny finds favor with the summons of confirmation of grant dated 4th November 2024 and allows the same as prayed for.
7. The Rectified grant dated 3rd October 2024 is hereby confirmed.
8. The assets of the deceased hitherto remaining undistributed or administered shall be distributed in the following mode as proposed;List Of Properties Who To Inherit Shares
Plot 57 Ngarua Township Sophia Njeri Maina Whole Share
Uns Commercial Plot Rumuruti Township All Beneficiaries To Be Sold And Proceeds Shared Equally Among All Beneficiaries
Laikipia Lariak 146 (7. 1 Acres) Ruth WambuiLugandiruMary NyamburaFrancis Maina Wanjiku,Leah Muthoni,Sammy Ndiritu MainaPeter Mwangi MainaJohn Muraya Maina Share Equally
Laikipia Lariak 146 Ruth WambuiLugandiruMary NyamburaFrancis Maina WanjikuLeah MuthoniSammy Ndiritu MainaPeter Mwangi MainaJohn Muraya Maina 3 ACRES4 ACRES3 ACRES7. 4 ACRES7. 4 ACRES7. 4 ACRES7. 4 ACRES
9. The Administrators are duty bound to conclude the distribution and settle the estate within six (6) months of the confirmation.
10. This ruling has expended P&A No. 146 of 2024 which shall be marked as spent.It is so Ordered.
DELIVERED, DATED AND SIGNED AT NAKURU ON THIS 25TH OF MARCH, 2025. ................................MOHOCHI S.MAINAJUDGE