[2010] KEHC 3179 (KLR)
The court found that the application for confirmation of grant was deficient because not all assets had been properly documented and not all survivors, specifically Joseph Kambutu Mwatha, had been included or served. The court directed that all asset documents be filed or explained, and that Joseph Kambutu Mwatha be...
Source-derived case information.
- Citation
- [2010] KEHC 3179 (KLR)
- Parties
- Applicant: Kamamo Kuria; Respondent: Joseph Kambutu Mwatha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 2601 of 2007
- Procedural Posture
- Probate and Administration / Ruling on Application for Confirmation of Grant
- Outcome
- directions issued; confirmation of grant deferred
- Legal Topics
- Succession, Confirmation of Grant, Probate, Disclosure of Survivors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamamo Kuria
Applicant
Joseph Kambutu Mwatha
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether all assets of the deceased have been properly disclosed and documented in the succession proceedings.
- 2 Whether all survivors, specifically Joseph Kambutu Mwatha, have been properly included and served in the proceedings.
Ratio Decidendi
The court found that the application for confirmation of grant was deficient because not all assets had been properly documented and not all survivors, specifically Joseph Kambutu Mwatha, had been included or served. The court directed that all asset documents be filed or explained, and that Joseph Kambutu Mwatha be included as a survivor and personally served to allow him to respond. Only after compliance with these directions could the matter proceed to further mention and directions.
Court Disposition
directions issued; confirmation of grant deferred
Orders
- Copies of documents of all assets must be filed through affidavit in court, or a plausible explanation provided for any omission.
- Joseph Kambutu Mwatha must be included as a survivor and personally served with documents to file a response within 45 days from service.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Probate & Administration 2601 of 2007
IN THE MATTER OF THE ESTATE OF PROFESSOR ELIZABETH WANJIRU MWATHA [DECEASED]
RULING:
In this matter an application for confirmation of grant of probate was filed on 27th January 2009. It is a matter that relates to the succession cause for the estate of the late PROF. WANJIRU ELIZABETH MWATHA. There is a will by the deceased which was filed in Court. The only asset on which a copy of a document was filed, is Nairobi Block 79/723 in the joint names of JOSEPH KAMBUTU MWATHA and ELIZA WANJIRU MWATHA. An affidavit sworn by Kamamo Kuria, one of the administrators on 8th June 2009 discloses for the first time that the said JOSEPH KAMBUTU MWATHA is the deceased’s husband. He was not disclosed as a survivor of the deceased though he appears to be still living, in addition, the said affidavit contains hearsay information such as paragraph 2 and paragraph 6. In the circumstances of this case therefore, I direct as follows:-
1. Copies of documents of all assets have to be filed through affidavit in Court, or a plausible explanation be filed explaining why same cannot be filed.
2. JOSEPH KAMBUTU MWATHA has to be included as a survivor, and to be personally served with documents in these succession proceedings for him to file a response within 45 days from service.
3. Thereafter, a mention date be taken in the registry for directions.
Dated and delivered at Nairobi this 25th day of January 2010.
George Dulu Judge.