[2019] KEHC 5512 (KLR)
The court found that all beneficiaries and dependants of the deceased had consented to the confirmation of the grant and the proposed distribution of the estate. The supporting affidavits, consents, and schedules of distribution were duly filed. The death of one administrator was addressed by substitution, and the...
Source-derived case information.
- Citation
- [2019] KEHC 5512 (KLR)
- Parties
- Applicant: Duncan Muhuhe Waikwa; Applicant: Maranga Waikwa; Applicant: Fredrick Maranga; Applicant: Pauline Gathoni Kararu
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Separation Cause 5 of 2017
- Procedural Posture
- Succession Cause / Judgment on Confirmation of Grant
- Outcome
- grant confirmed and estate distributed as per amended schedule
- Judges
- DW Mbuteti
- 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
Duncan Muhuhe Waikwa
Applicant
Maranga Waikwa
Applicant
Fredrick Maranga
Applicant
Pauline Gathoni Kararu
Applicant
Procedural Posture
Succession Cause / Judgment on Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed and the estate distributed as per the proposed schedules.
- 2 Whether the amended schedule of distribution and substitution of administrator should be adopted.
Ratio Decidendi
The court found that all beneficiaries and dependants of the deceased had consented to the confirmation of the grant and the proposed distribution of the estate. The supporting affidavits, consents, and schedules of distribution were duly filed. The death of one administrator was addressed by substitution, and the amended schedule of distribution was accepted. There being no objection or dispute, the court confirmed the grant and ordered distribution as per the amended schedule.
Court Disposition
grant confirmed and estate distributed as per amended schedule
Orders
- The grant of letters of administration intestate is confirmed.
- Distribution of the deceased's estate shall be as set out in the amended schedule of distribution filed on 04/03/2019.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
SUCCESSION CAUSE NO 5 OF 2017
IN THE MATTER OF THE ESTATE OF WAIKWA MUNUHE - DECEASED
J U D G M E N T
1. The Deceased herein, WAIKWA MUNUHE, died on 21/11/1992. It was not until nearly 25 years later that a grant of letters of administration intestate in respect to his estate was sought in this cause. Such grant was on 16th October, 2017 made and issued jointly to Duncan Muhuhe Waikwa, Maranga Waikwa, Fredrick Maranga and Pauline Gathoni Kararu. The 4th Administrator subsequently died, and by an order made on 03/04/2019 the surviving three administrators were permitted to continue administering the estate.
2. In the meantime, an application for confirmation of the grant by summons dated 06/08/2018 had been made. That application is the subject of this judgment.
3. I have read the supporting affidavit filed with the summons for confirmation on 17/08/2018. I have also seen –
a) The various consents in various forms of the beneficiaries to confirmation of grant.
b) The Schedule of Distribution of the Deceased’s Assets filed together with the summons for confirmation.
c) The Amended Schedule of Distribution of the Deceased’s Assets filed on 04/3/2019 together with the summons dated 27/02/2019 for Substitution of Administrator.
4. Upon the consent of the Deceased’s dependants and other beneficiaries, I will confirm the grant as sought. Distribution shall be as set out in the Schedule of Distribution of the Deceased’s Assets filed together with the summons for confirmation of grant on 17/08/2018 as amended by the Amended Schedule of Distribution of the Deceased’s Assets filed on 04/03/2019 together with the summons dated 27/02/2019 for Substitution of Administrator. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 23RD DAY OF JULY 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 25TH DAY OF JULY 2019