[2009] KEHC 541 (KLR)
The court confirmed the grant of letters of administration because all surviving beneficiaries consented to the confirmation and the proposed mode of distribution. There were no minor beneficiaries and no objections to the application. The court found that the requirements under the Law of Succession Act for...
Source-derived case information.
- Citation
- [2009] KEHC 541 (KLR)
- Parties
- Applicant: Harry Musyuko Mbevi; Applicant: Michael Musyoka Mbevi; Applicant: Jacob Kiilu Mbevi; Respondent: Salome Ndumi Muasya (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 1557 of 2000
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant of letters of administration confirmed; estate to be distributed as agreed by beneficiaries.
- 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
Harry Musyuko Mbevi
Applicant
Michael Musyoka Mbevi
Applicant
Jacob Kiilu Mbevi
Applicant
Salome Ndumi Muasya (deceased)
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in light of the beneficiaries' consent and absence of minors.
- 2 Whether the proposed mode of distribution is acceptable to the court.
Ratio Decidendi
The court confirmed the grant of letters of administration because all surviving beneficiaries consented to the confirmation and the proposed mode of distribution. There were no minor beneficiaries and no objections to the application. The court found that the requirements under the Law of Succession Act for confirmation of grant were satisfied, and thus ordered the distribution of the estate as agreed by the beneficiaries.
Court Disposition
Grant of letters of administration confirmed; estate to be distributed as agreed by beneficiaries.
Orders
- The grant of letters of administration is confirmed.
- The estate shall be distributed as proposed and agreed to by the beneficiaries.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
Succession Cause 1557 of 2000
IN THE MATTER OF THE ESTATE OF TITUS MBEVI MUASYA (DECEASED)
R U L I N G
Before me is a Summons for confirmation of grant to the estate of the late TITUS MBEVI MUASYA. The first administrator to the estate, SALOME NDUMI MUASYA the widow, died and on 3rd March, 2008, letters of administration were issued to HARRY MUSYUKO MBEVI, MICHAEL MUSYOKA MBEVI and JACOB KIILU MBEVI.
The surviving beneficiaries areHARRY MUSYUKO MBEVI, ALBERT KIOKO MBEVI, MICHAEL MUSYOKA MBEVI and JACOB KIILU MBEVI.They have all consented to the confirmation and proposed mode of distribution. There is no minor beneficiary.
In the above circumstances, I confirm the grant of letters of administration. The distribution of assets will be as proposed and agreed to by the beneficiaries.
It is so ordered.
Dated and delivered at Nairobi this 10th day of November, 2009.
George Dulu
Judge.
In the presence of-
Mr. Kabaka holding brief for Mr. Waigwa for the administrators
David Court Clerk.