[2004] KEHC 2427 (KLR)
The court determined that only those properties that were proven to belong to the deceased, as listed in the supplementary affidavit (excluding MBP/BLOCK XXII/155), should be included in the confirmed grant. Property MBP/BLOCK XXII/155 was excluded as it did not belong to the deceased. Orders for confirmation were...
Source-derived case information.
- Citation
- [2004] KEHC 2427 (KLR)
- Parties
- Applicant: Applicant (name not stated); Respondent: Respondent (name not stated)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 22 of 2003
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Application for confirmation of probate granted in part.
- Legal Topics
- Probate and Administration, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant (name not stated)
Applicant
Respondent (name not stated)
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the properties listed in the supplementary affidavit form part of the deceased's estate for purposes of confirmation of grant.
- 2 Whether property No. MBP/BLOCK XXII/155 belongs to the deceased and should be included in the estate.
Ratio Decidendi
The court determined that only those properties that were proven to belong to the deceased, as listed in the supplementary affidavit (excluding MBP/BLOCK XXII/155), should be included in the confirmed grant. Property MBP/BLOCK XXII/155 was excluded as it did not belong to the deceased. Orders for confirmation were granted only in respect of the properties listed as (a), (b), (d), (e), (f), and (g) in the supplementary affidavit.
Court Disposition
Application for confirmation of probate granted in part.
Orders
- Confirmation of grant is granted in respect of properties listed as (a), (b), (d), (e), (f), and (g) in the supplementary affidavit sworn on 15th April 2004.
- Property No. MBP/BLOCK XXII/155 is excluded from the estate as it did not belong to the deceased.
Full Case Text
Judgment text and source record
2 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA SUCCESSION CAUSE NO.22 OF 2003 IN THE MATTER OF THE ESTATE OF: HUSSEIN HAJI LADHA also known as HUSSEIN HAJI SULEMAN LADHA – DECEASED.Coram: Before Hon. Justice Mwera Applicant present in person Respondent Court clerk – SangoIn Chambers
Having considered the application for confirmation of probate dated 18. 3.03 in the light of the schedule of properties as per the supplementary affidavit sworn on 15th April 2004 orders are granted in terms of properties listed as (a) (b) (d) (e) (f) (g). (Note: The property No. MBP/BLOCK XXII/155 did not belong to the deceased and it is thus excluded. Dated this 22nd day of April 2004. J.W. MWERA JUDGE