[2024] KEHC 14339 (KLR)
The court found that the applicants, as joint administrators, were unable to complete the administration of the estate due to the absence of the confirmed grant in the court records. The record confirmed that the grant had indeed been issued and confirmed on the relevant dates. In the absence of any opposition and...
Source-derived case information.
- Citation
- [2024] KEHC 14339 (KLR)
- Parties
- Applicant: Ruth Wanja Muturi; Applicant: Silas Cege Muturi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2906 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application to Retype and Issue Confirmed Grant
- Outcome
- Application allowed.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Grant Confirmation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Wanja Muturi
Applicant
Silas Cege Muturi
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Retype and Issue Confirmed Grant
Legal Issues
- 1 Whether the court should order the retyping and issuance of the grant confirmed on 30th January 2012 which is missing from the court records.
Ratio Decidendi
The court found that the applicants, as joint administrators, were unable to complete the administration of the estate due to the absence of the confirmed grant in the court records. The record confirmed that the grant had indeed been issued and confirmed on the relevant dates. In the absence of any opposition and in the interest of justice and efficient administration of the estate, the court allowed the application for the grant to be retyped and issued, enabling the administrators to proceed with their duties.
Court Disposition
Application allowed.
Orders
- The grant issued on 14th April 2009 and confirmed on 30th January 2012 shall be retyped and issued to the applicants.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Zakayo Muturi Cege alias Muturi Cege (Deceased) (Succession Cause 2906 of 2008) [2024] KEHC 14339 (KLR) (Family) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 14339 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 2906 of 2008
HK Chemitei, J
October 24, 2024
IN THE MATTER OF THE ESTATE OF THE LATE ZAKAYO MUTURI CEGE alias MUTURI CEGE (DECEASED)
In the matter of
Ruth Wanja Muturi
1st Applicant
Silas Cege Muturi
2nd Applicant
Ruling
1. In their application dated 11th November 2023 the Applicants are asking for orders that:-(a)The grant issued on 14th April 2009 and confirmed on 30th January 2012 be retyped and issued.
2. The application is based on the grounds thereof and the sworn affidavit dated the same date by the Applicant Silas Cege Muturi.
3. The gist of the application is that the applicant and his mother Ruth Wanja Muturi are joined administrators of the estate of the deceased herein. The grant was issued to them on 14th April 2009 and confirmed on 30th January 2012.
4. The same are not however in the court records and they have therefore been unable to complete their administration exercise. Several efforts have been made to no avail.
5. The court has perused its record and it is evident that on 30th January 2012 the court rendered itself thus:“The grant made in this matter on 14th April 2009 is hereby confirmed as prayed. The estate be shared in accordance with the agreed mode of distribution.”
6. In view of the above I do find the application merited and the same is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 24THDAY OF OCTOBER 2024. H K CHEMITEIJUDGE