[2009] KEHC 2298 (KLR)
The court found that the circumstances justified early confirmation of the grant, as the funds were urgently required for the education and upkeep of the deceased's children. The proposed distribution, with the widow holding land in trust for the children and specified withdrawals for their benefit, was deemed fair...
Source-derived case information.
- Citation
- [2009] KEHC 2298 (KLR)
- Parties
- Applicant: H A M; Applicant: D N R
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 455 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application for Early Confirmation of Grant
- Outcome
- grant confirmed
- Judges
- AO Muchelule
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Trust for Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
H A M
Applicant
D N R
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Early Confirmation of Grant
Legal Issues
- 1 Whether early confirmation of grant of letters of administration intestate should be allowed before expiry of six months.
- 2 Whether the proposed mode of distribution of the deceased's estate is appropriate and in the best interests of the beneficiaries.
Ratio Decidendi
The court found that the circumstances justified early confirmation of the grant, as the funds were urgently required for the education and upkeep of the deceased's children. The proposed distribution, with the widow holding land in trust for the children and specified withdrawals for their benefit, was deemed fair and in the best interests of all beneficiaries. The balance of the funds was to be preserved in a joint interest-earning account for the children's future needs. The application was therefore allowed and the grant confirmed on these terms.
Court Disposition
grant confirmed
Orders
- The grant of letters of administration intestate is confirmed.
- The parcels of land are to be held by the widow in trust for the children, each entitled to an equal share.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISII
SUCCESSION CAUSE 455 OF 2008
IN THE MATTER OF THE ESTATE OF D M…………………. DECEASED
AND
H A M
D N R ……………….… PETITIONERS
RULING
The Deceased D M M died on the 28th April 2008. On 30th March 2009 joint Letters of Administration Intestate of all his estate were granted to his widow H A Mand his step-brother D N R. Such Letters are supposed to be confirmed after the expiry of six months, but the parties seek an earlier confirmation and the application has not been opposed. Section 71(3)(b) of the Law of Succession Act Cap 160 the Laws of Kenya provides that there can be such confirmation if the applicants show that it would be expedient in all the circumstances of the case to do so.
It is clear from the documents recorded that the deceased left his widow and eight children whose names were provided as follows: (a) E A M – daughter (b) M A M – daughter (c) L A M – daughter (d) C A M – son (e) P O M – son (f) R A M – Daughter (g) V N M – daughter and (h) E O M – son.
He left the following parcels of land within Kamwenda Adjudication Section:[ particulars withheld]. The Administrators have proposed that the parcels be held by the widow in trust for the children each of whom will be entitled to an equal share. The deceased further left Kshs.1,000,000/- in his account No[particulars withheld] at Barclays Bank, Homa Bay branch. The reason for this application was that some of the children are in school and require fees which shall come from the amount above. From the Affidavit in support of this application, Kshs.100,220/- is sought as fees for E M who is a student at [particulars withheld] and, Kshs.26,140/= is required as fees for R M and [particulars withheld] Primary School. The three children further require Kshs.60,000/= for shopping and as pocket money. It has also been agreed that Kshs.200,000/- be withdrawn by the widow to be used for the` upkeep of all the children of the deceased. The balance is Kshs.613,640/- which shall be saved in an interest earning account to be operated jointly by the Administrators for the benefit of the children.
In the terms above, the grant will be confirmed.
DATED at KISII this day of 2009
A.O. MUCHELULE
JUDGE
27/5/2009
Before A. O. Muchelule J.
Mr. Obare for Mr. Nyambati for Applicants.
Court: Ruling delivered in open court.
A.O. MUCHELULE
JUDGE