[2010] KEHC 2139 (KLR)
The court found that the application for confirmation of grant was fatally defective as it failed to include and provide for all beneficiaries of the deceased's estate, specifically the widow and children. The application allocated all properties to the applicant and other unrelated individuals, contrary to the...
Source-derived case information.
- Citation
- [2010] KEHC 2139 (KLR)
- Parties
- Applicant: Joseph Waria Rukungu; Respondent: Charles Gikonyo Rukungu
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 224 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application dismissed
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estates, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Waria Rukungu
Applicant
Charles Gikonyo Rukungu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant properly included all beneficiaries of the deceased's estate.
- 2 Whether the distribution of the estate was in accordance with the law of intestate succession.
- 3 Whether the administrators complied with procedural requirements for confirmation of grant.
Ratio Decidendi
The court found that the application for confirmation of grant was fatally defective as it failed to include and provide for all beneficiaries of the deceased's estate, specifically the widow and children. The application allocated all properties to the applicant and other unrelated individuals, contrary to the requirements of the Law of Succession Act and the Probate and Administration Rules. The court emphasized that all beneficiaries must be named and their consent obtained for the distribution of the estate. The administrators were directed to file a fresh application that complies with the statutory requirements, including the necessary forms and consents from all beneficiaries.
Court Disposition
application dismissed
Orders
- The application for confirmation of grant is dismissed.
- The administrators are to file a fresh application including all beneficiaries and required consents (Forms P&A 37 and P&A 38).
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET Succession Cause 224 of 2006
IN THE MATTER OF THE ESTATE OF RUKUNGU WAIRIA...................DECEASED
RULING
Confirmation of grant intestate
I.Background
1. The deceased passed away on the 13th December 1993
aged 74 years old. He died of extreme wasting due to CA esophagus and CA prostate.
2. Joseph Waria Rukungu aged 37 and one Waria Rukungu jointly took out letters of Grant intestate. Form P& A 30 was received on 14/5/2003 from the Principal Registrar. The position was gazetted on 15th March 2007 in the Kenya Gazette.
3. Unfortunately the 2nd administrator passed away aged 61 years on 21/12/2007 of cancer. An application of 30/10/2008 was applied for by the 1st administrator for a De Bonis non to substitute one Charles Gikonyo Rukungu to the estate. This was granted on 15 December 2008 by which a new grant P & A 41 was issued on 19/12/2008.
II.Application for confirmation of grant October 2009
4. The applicant made application for confirmation of grant in October 2009. This was not issued until 2. 3.2010 by the deputy registrar as the same was filed and received to Court on 1/3/2010.
5. On perusal of the application & documents it has become
apparent that the deceased had surviving him two houses. The 1st widow passed away in 1995 Joyce Njeri Rukungu. The 2nd widow Damaris Munge Rukungu is believed to be still alive and aged 74 years old in 2006. There are four sons aged 66, 64, and 62years old together with the administrator no.1 Joseph Waria Rukungu aged 39 years old. There are daughters aged 64, 43, 45, 41, 37, 35, and 47 years old.
6. The application has allocated all the Properties to the
1st administrator Joseph Waria Rukungu and other who are
complete strangers to this case. The widow and other children
of the deceased have not been named herein nor given apportion.
7. This application is dismissed. The two administrators are
requested to file a fresh application that should include form
P&A 38 and P&A 37 on the consent of making the grant and on apportionment of the deceased’s assets.
8. They are to explain why the other members of the family are
not provided for.
9. Formal mention on convenient dates to confirm compliance.
P.&A 57 to be registered with the Lands department.
DATED THIS 21ST DAY OF APRIL, 2010 AT ELDORET.
………………………………………………..
M.A. ANG’AWA
JUDGE
21/4/2010
Advocate : Nil
(i)Rukungu Wairia Joseph, Petitioner in person – Present
(ii)Charles Gikonyo Rukungu Respondent in person - Present