[2024] KEHC 6195 (KLR)
The court found that the application for confirmation of grant was properly supported by the written consent of all beneficiaries, who agreed to the proposed mode of distribution. The court was satisfied that the beneficiaries were properly identified and their respective shares clearly set out. There being no...
Source-derived case information.
- Citation
- [2024] KEHC 6195 (KLR)
- Parties
- Applicant: Francis Kamundia Angaine; Respondent: Eunice Warimu Muchiri; Respondent: Samuel Muchiri Angaine; Respondent: Eliud Gachochu Angaine; Respondent: John Muturi Angaine
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 114 of 2007
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; estate to be distributed as proposed.
- Judges
- TW Cherere
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Succession Beneficiaries, Joint Ownership, Shares Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kamundia Angaine
Applicant
Eunice Warimu Muchiri
Respondent
Samuel Muchiri Angaine
Respondent
Eliud Gachochu Angaine
Respondent
John Muturi Angaine
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant should be allowed as per the proposed mode of distribution.
- 2 Whether all beneficiaries have consented to the proposed distribution of the deceased's estate.
Ratio Decidendi
The court found that the application for confirmation of grant was properly supported by the written consent of all beneficiaries, who agreed to the proposed mode of distribution. The court was satisfied that the beneficiaries were properly identified and their respective shares clearly set out. There being no objection or dispute among the beneficiaries, the court allowed the application and ordered the estate to be distributed as proposed by the administrator. The court further directed that a Certificate of Confirmation of Grant be issued and set a mention date to confirm transmission of the estate to the beneficiaries.
Court Disposition
Application for confirmation of grant allowed; estate to be distributed as proposed.
Orders
- ½ share of LR. Nkuene/l-mikumbune/582 to be held jointly by John Muturi Angaine and Francis Kamundia Angaine.
- LR. Nkuene/nkumari/1412 to be shared equally among Eunice Warimu Muchiri, Samuel Muchiri Angaine, and Eliud Gachochu Angaine.
Full Case Text
Judgment text and source record
18 paragraphs
In re Karuntimi Muchere alias Karuntimi Angaine (Deceased) (Succession Cause 114 of 2007) [2024] KEHC 6195 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6195 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 114 of 2007
TW Cherere, J
May 23, 2024
N THE MATTER OF THE ESTATE OF KARUNTIMI MUCHERE alias KARUNTIMI ANGAINE ANGAINE (DECEASED) AND IN AN APPLICATION FOR CONFIRMATION OF GRANT
In the matter of
Francis Kamundia Angaine
Administrator
Ruling
1. Karuntimi Muchere alias Karuntimi Angaine Angaine (Deceased) died sometimes on 02nd April, 1990.
2. His family comprises of the following:WidowEunice Warimu MuchiriChildreni.Samuel Muchiri Angaineii.Francis Kamundia Angaineiii.Eliud Gachochu Angaineiv.John Muturi Angaine
3. Deceased’s estate comprised of the following assets:i.½ of LR. Nkuene/l-mikumbune/582ii.LR. Nkuene/nkumari/1412iii.Shares with Kenya Commercial Bank
4. In support of the application for confirmation dated 27th May, 2022, the beneficiaries signed and filed consent of the same date supporting the mode of distribution proposed by the Administrator/Applicant.
5. Consequently, In the end, the summons for confirmation dated 27th May, 2022 is allowed and it is ordered that the estate of the deceased be distributed as follows:1. ½ share of LR. NKuene/l-mikumbune/582 jointly toi.John Muturi Angaineii.Francis Kamundia Angaine2. LR. Nkuene/nkumari/1412 in equal shares toi.Eunice Warimu Muchiriii.Samuel Muchiri Angaine(iii)Eliud Gachochu Angaine3. Shares with Kenya Commercial BankFrancis Kamundia Angaine4)Certificate of Confirmation of Grant shall issue accordingly5)Mention on 17th October, 2024 to confirm transmission
DELIVERED AT MERU THIS 23RD DAY OF MAY 2024WAMAE. T. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Administrator/Applicant - Ms.Njeri for Gikonyo & Ngugi Advocates