[2001] KEHC 734 (KLR)
The court found that the confirmation of grant was defective because there was no evidence of consent from all beneficiaries as required by law, and a portion of the estate was distributed to a person who had predeceased the grant. These defects were sufficient grounds for revocation under Section 76 of the Law of...
Source-derived case information.
- Citation
- [2001] KEHC 734 (KLR)
- Parties
- Applicant: Waweru Kabiro (Deceased); Respondent: Eunice Njoki Waweru (deceased beneficiary)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1446 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application to Revoke Confirmation of Grant
- Outcome
- confirmation of grant revoked
- Legal Topics
- Revocation of Grant, Confirmation of Grant, Consent of Beneficiaries, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Waweru Kabiro (Deceased)
Applicant
Eunice Njoki Waweru (deceased beneficiary)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Revoke Confirmation of Grant
Legal Issues
- 1 Whether the confirmation of grant should be revoked due to lack of consent from beneficiaries.
- 2 Whether distribution of a portion of the estate to a deceased beneficiary invalidates the confirmation of grant.
Ratio Decidendi
The court found that the confirmation of grant was defective because there was no evidence of consent from all beneficiaries as required by law, and a portion of the estate was distributed to a person who had predeceased the grant. These defects were sufficient grounds for revocation under Section 76 of the Law of Succession Act. The court therefore revoked the confirmation of grant issued on 6th December, 2000.
Court Disposition
confirmation of grant revoked
Orders
- The confirmation of grant of letters of administration issued on 6th December, 2000 is revoked.
- No order as to costs.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 1446 OF 1999 IN THE MATTER OF THE ESTATE OF THE LATE WAWERU KABIRO – (DECEASED)
R U L I N G
Before me is an application to revoke the confirmation of grant of letters of administration issued on 6th December, 2000.
The two glaring facts present themselves from the affidavits filed by both the parties pursuant to the said application. They are:-
1. In spite of the averments made by the administrator in the affidavit in support of the application for confirmation that the beneficiaries have consented to the confirmation, no such consent is before the court. What is on record is the consent to issue the grant of letters of administration to the present administrator.
2. A portion of the estate is distributed to Eunice Njoki Waweru who died earlier to the grant of letters of administration.
The above two factors are, in my humble view, sufficient to revoke the confirmation of grant and I hereby order that.
I do not order costs herein.
Dated and delivered at Nairobi this 18th day of May, 2001.
K. H. RAWAL
J U D G E