[2014] KEHC 7934 (KLR)
The court found that the application for review was merited as the applicants had demonstrated the need to include an omitted asset and to dispose of an asset held in trust to settle debts and pay school fees. The court exercised its discretion to allow the application in the terms proposed by the applicants,...
Source-derived case information.
- Citation
- [2014] KEHC 7934 (KLR)
- Parties
- Applicant: Applicants; Respondent: Respondents
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 91 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Confirmation of Grant
- Outcome
- Application for review allowed.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Review of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicants
Applicant
Respondents
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Confirmation of Grant
Legal Issues
- 1 Whether the court should review the orders confirming the grant to include an omitted asset.
- 2 Whether leave should be granted to dispose of an asset held in trust to settle debts and pay school fees.
Ratio Decidendi
The court found that the application for review was merited as the applicants had demonstrated the need to include an omitted asset and to dispose of an asset held in trust to settle debts and pay school fees. The court exercised its discretion to allow the application in the terms proposed by the applicants, thereby ensuring the proper administration of the estate and the welfare of the deceased's children.
Court Disposition
Application for review allowed.
Orders
- The summons dated 24th March 2014 is allowed in the terms proposed by the applicants.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 91 OF 2013
IN THE MATTER OF THE ESTATE OF PETER ORIARE MBEKE (DECEASED)
RULING
1. The application dated 24th March 2014 seeks review of the orders made on 25th September 2013 confirming the grant made on 24th June 2013.
2. The principal orders are for inclusion of an asset that had been omitted at confirmation and leave to dispose of one of the assets held in trust to settle outstanding debts, complete pending transactions and to pay school fees for the children of the deceased.
3. I have perused through the documents filed in support of the application. I find that the said application is merited.
4. I hereby therefore allow the summons dated 24th March 2014 in the terms proposed by the applicants.
DATED, SIGNED and DELIVERED at NAIROBI this 5th DAY OF June 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Langat advocate for the applicants.