[2009] KEHC 849 (KLR)
The court found that the petitioners, as administrators, had complied with the legal requirements for confirmation of grant by identifying all assets and liabilities and proposing a distribution that protected the interests of all dependants, including the minor child. The court emphasized the necessity of holding...
Source-derived case information.
- Citation
- [2009] KEHC 849 (KLR)
- Parties
- Applicant: Teresia Wanjiru Mwanza; Applicant: John Mwema
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 113 of 2008
- Procedural Posture
- Succession Cause / Application for Confirmation of Grant
- Outcome
- grant confirmed with conditions for protection of minor's interest
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Trust for Minors, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresia Wanjiru Mwanza
Applicant
John Mwema
Applicant
Procedural Posture
Succession Cause / Application for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed in favour of the petitioners.
- 2 How the estate of the deceased should be apportioned among the dependants, including a minor child.
- 3 Whether the interests of the minor child are adequately protected in the distribution of the estate.
Ratio Decidendi
The court found that the petitioners, as administrators, had complied with the legal requirements for confirmation of grant by identifying all assets and liabilities and proposing a distribution that protected the interests of all dependants, including the minor child. The court emphasized the necessity of holding the minor's share in trust in an interest-earning account, with the capital preserved until the minor attains majority, and only the interest available for upkeep upon court application. The arrangement ensures compliance with statutory requirements for the protection of minors in succession matters. The grant was confirmed on these terms, with the widow holding the estate in...
Court Disposition
grant confirmed with conditions for protection of minor's interest
Orders
- Confirmation of grant of letters of administration intestate is allowed on the terms set out in the ruling.
- All properties and assets to go to the widow, Teresia Wanjiru Mwanza, to be held in trust for the children.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE 113 OF 2008
IN THE MATTER OF THE ESTATE OF
EDWARD HENRY MWANZA ……………………. DECEASED
AND
TERESIA WANJIRU MWANZA……………….1ST PETITIONER
JOHN MWEMA ………………………………2ND PETITIONER
RULING
Application for confirmation of Grant 13th May, 2009
I: Background
1. The deceased, a male adult aged 54 years old died of stroke on the 7th April, 2008. He was survived by his widow aged 47 years old and four children aged in 2009 as follows:
i) Adult daughter 26 years old
ii) Adult daughter 24 years old
iii) Adult son 22 years
iv) Minor daughter 15 years old
2. There being a minor child, the law recognizes that a “resulting trust” has been created. A minimum of two administrators are required.
3. The widow and son took up the grant which they applied some time in the year 2008. The temporary letters of grant was issued on the 29th September, 2008 (G.B.M. Kariuki J).
4. Six months after the letters are issued and once the estate has been gathered with all the assets identified and the liabilities proved to be required to be paid, an application for confirmation of grant is required.
5. By an application of 13th May, 2009 the Petitioner applied for grant to be confirmed.
II: Confirmation of grant
13th May, 2009
6. Under rule 41(2) of the Probate and administrative rules this court adjourned 11th June, 2009 the matter to allow the administrator give the shares of the assets properties to be approved amongst the dependants. These details were duly obtained by 16th June, 2009 with the liabilities also being included.
7. The apportionment amongst the dependants of the deceased was agreed that all the assets and or properties would be vested in the widow to hold in trust of all the minors.
8. This court was shown the apportionment of moneys to be held in trust of the children and which would be utilized for their education.
9. Because there is one minor child, whose apportionment has been given as Kshs. 600,000/= this court would make orders that the sum of Kshs. 600,000/= in favour of the minor S.S.M be deposited in an interest earning account given herein as Barclays Bank Narok No. [ ] in the joint names of the two petitioners and the Registrar, High Court of Kenya at Kericho. That the capital sum of Kshs. 600,000/= is to be maintained in the said account till the minor attains the age of majority. The interest from the capital may be released to the two administrator, ON APPLICATION TO COURT, for purposes of the up keep of the minor. Failure to, an appropriate bank account it be a fixed Deposit account with Barclays Bank, Narok.
10. In summary.
i) Confirmation of grant of letters of interstate be and is hereby allowed on the following terms:-
a) That all properties and assets to go to the widow Teresia Wanjiru Mwanza wife interest and to be held in trust of the children.
b) That apportionment of Kshs. 500,000/= to each adult child to be utilized as college fees.
c) That Kshs. 600,000/= for the minor to be deposited in Account No [ ] Barclays Bank account Narok branch (or failure to, a fixed deposit account) in an interest earning account in the name of the two administrator and the registrar of the High court of Kenya for Kericho.
d) That the funds of Kshs. 600,000/= for the minor is to remain in a fixed deposit account till the said minor attains the age of majority.
e) The two administrator are permitted to use the interest, on application to court, for the up keep of the minor.
f) The capital of Kshs. 600,000/= will not be used.
11. The costs be in the Estate
DATED this 31st day of July, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
J. Maritim advocate instructed by M/S J. Maritim & Co. advocates for the petitioners/applicants - present