[2022] KEHC 2386 (KLR)
The court found that the applicant, Nelson Kedogo, had complied with all statutory requirements for confirmation of grant as stipulated under the Law of Succession Act and the Probate and Administration Rules. All beneficiaries had consented to the proposed mode of distribution, and there were no objections to the...
Source-derived case information.
- Citation
- [2022] KEHC 2386 (KLR)
- Parties
- Applicant: Nelson Kedogo; Respondent: Esther Mudeizi Igala; Respondent: Betty Aseyo; Respondent: Sosnes Igesa; Respondent: Harrison Kidiavai; Respondent: Melab Kalendiza; Respondent: Margaret Musalia
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 79 of 2020
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed.
- Judges
- DB Nyakundi
- Legal Topics
- Succession, Confirmation of Grant, Intestate Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Kedogo
Applicant
Esther Mudeizi Igala
Respondent
Betty Aseyo
Respondent
Sosnes Igesa
Respondent
Harrison Kidiavai
Respondent
Melab Kalendiza
Respondent
Margaret Musalia
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the applicant has satisfied the legal requirements for confirmation of grant under the Law of Succession Act.
- 2 Whether there are any objections to the confirmation of grant and the proposed mode of distribution.
Ratio Decidendi
The court found that the applicant, Nelson Kedogo, had complied with all statutory requirements for confirmation of grant as stipulated under the Law of Succession Act and the Probate and Administration Rules. All beneficiaries had consented to the proposed mode of distribution, and there were no objections to the application. The affidavits and supporting documents demonstrated that the criteria for confirmation were met. Consequently, the court granted the application for confirmation of grant, directing that the certificate be issued in accordance with the terms set out in the supporting affidavit, thereby enabling the distribution of the estate to the beneficiaries.
Court Disposition
Application for confirmation of grant allowed.
Orders
- Certificate of confirmation of grant to issue in accordance with the supporting affidavit of Nelson Kedogo.
- No orders as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
SUCCESSION CAUSE NO. 79 OF 2020
IN THE MATTER OF SHADRACK KEDOGO LUKASE (DECEASED)
Coram: Hon. Justice R. Nyakundi
Wilbur Antony & Co. Advocates
R U L I N G
This matter relates to the estate of the deceased Shadrack Kedogo Lukase who passed on 14/2/2014. As a consequence of his death the administration of his estate fell within the purview of the law of succession so as to devolve the estate to his beneficiaries.
From the letter issued by the chief of the area, the deceased was survived by the following beneficiaries. Esther Mudeizi Igala, Betty Aseyo, Sosnes Igesa, Harrison Kidiavai, Melab Kalendiza and Margaret Musalia. Through a gazette notice of 4/4/2021 one Nelson Kedogo was appointed as personal representative to the estate of the deceased who died intestate on 9/9/2021. A summons for confirmation of grant of letters of administration was filed seeking leave of the court pursuant to Section 71(3) of the Succession Act to have it confirmed to pave way for the distribution of the estate. The summons as lodged was supported by the affidavits sworn by the respective beneficiaries. Each of the beneficiaries has averred as to the mode of distribution of the estate. In essence there is no evidence of any objection to the confirmation of grant and the administration of the estate by the appointed personal representative.
I have carefully scrutinized the summons for confirmation, the consents signed by the beneficiaries and in addition further affidavits sworn and filed in support of the confirmation proceedings for the issuance of the aforesaid certificate for confirmation of grant. The certificate of confirmation of grant is provided for under Rule 41 (5) of the Probate and Administration Rules which provides as follows:-
“Where the source of exercising its power under Section 71(2) of the Act directs that the grant be confirmed, shall cause a certificate of such confirmation in Form 54 to be affixed to the grant together with the seal of the court.”
Clearly therefore there is prima facie evidence that the applicant have satisfied the criteria set outlined under the law of succession for this court to issue a certificate for confirmation of grant. The certificate for confirmation of grant issued shall be in sync with the averments in terms of paragraph 5 of the affidavit in support sworn by One Nelson Kedogo. The upshot of it all, the application is found to be meritorious to be granted as prayed.
I make no orders as to costs.
DATED, SIGNED AND DELIVERED VIA EMAIL AT ELDORET THIS 14TH DAY OF FEBRUARY, 2022.
R. NYAKUNDI
JUDGE
(info@wilburantonyadvocates.com)