[2008] KEHC 1760 (KLR)
The court found that the application for confirmation of grant was not properly made because it failed to account for the settlement of all liabilities and did not disclose all assets of the deceased. Furthermore, in cases where the deceased had more than one wife, the law requires that the distribution of the...
Source-derived case information.
- Citation
- [2008] KEHC 1760 (KLR)
- Parties
- Petitioner: Jedidah Muthui Ngari; Protester: Ndambiri Murathi; Objector: Jamlick Kiura Murathi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 73 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application for confirmation of grant dismissed
- Legal Topics
- Confirmation of Grant, Intestate Succession, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jedidah Muthui Ngari
Petitioner
Ndambiri Murathi
Protester
Jamlick Kiura Murathi
Objector
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant was properly made in accordance with the law.
- 2 Whether all liabilities of the estate had been settled prior to distribution.
- 3 Whether all assets of the deceased had been disclosed for purposes of distribution.
Ratio Decidendi
The court found that the application for confirmation of grant was not properly made because it failed to account for the settlement of all liabilities and did not disclose all assets of the deceased. Furthermore, in cases where the deceased had more than one wife, the law requires that the distribution of the estate must comply with section 40 of the Law of Succession Act, which was not demonstrated in the application. As a result, the application was dismissed, and the parties were granted liberty to make a fresh application in accordance with the law.
Court Disposition
application for confirmation of grant dismissed
Orders
- The application for confirmation of grant is dismissed.
- The parties are at liberty to make another application correctly in accordance with the law.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE 73 OF 2002
IN THE MATTER OF THE ESTATE OF RICHARD MURATHI NGARI …DCD
VERSUS
JEDIDAH MUTHU NGARI…………………………………...……PETITIONER
NDAMBIRI MURATHI……………………….………...…........….PROTESTER
JAMLICK KIURA MURATHI………………………….......……….OBJECTOR
RULING
A grant of letters of Administration intestate in the estate of Richard Muthui Ngari was issued on 15/3/1999 to Jedidah Muthui Ngari and Jamlick Kiura Murathi.
When application for confirmation of grant came to pass Jamlick Kiura Murathi filed a protest on the ground that:-
1. he was entitled to inherit his father’s estate.
2. that liabilities have not been settled
3. that not all his father’s assets have been disclosed.
On the hearing date fixed in court before all parties only the protester appeared.
Upon hearing his evidence it is clear the application for confirmation of the grant is not properly made. It is the net intestate that is to be distributed measuring after liabilities have been settled and in case the deceased had two wives whether dead or alive the provisions of section 40 Succession Act must he followed.
I dismiss the application for confirmation. The parties are at liberty to make another application correctly in accordance with the law.
Dated this 22nd April, 2008.
J. N. KHAMINWA
JUDGE