[2010] KEHC 2875 (KLR)
The court confirmed the grant of letters of administration on the basis that the proposed mode of distribution, as detailed in the affidavits, catered for all beneficiaries, including minor children. The court was satisfied that the adult beneficiaries had agreed to the distribution and that the legal requirements...
Source-derived case information.
- Citation
- [2010] KEHC 2875 (KLR)
- Parties
- Applicant: Margaret Wambui Gathua; Applicant: Alex Benson Gathua; Respondent: Hellen Wanjiru Gichuki (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1051 of 1998
- Procedural Posture
- Succession Cause / Summons for Confirmation of Grant
- Outcome
- grant confirmed; distribution as agreed by adult beneficiaries
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wambui Gathua
Applicant
Alex Benson Gathua
Applicant
Hellen Wanjiru Gichuki (deceased)
Respondent
Procedural Posture
Succession Cause / Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in the estate of the late Amos Gachui Gathua.
- 2 Whether the proposed mode of distribution adequately caters for all beneficiaries, including minor children.
Ratio Decidendi
The court confirmed the grant of letters of administration on the basis that the proposed mode of distribution, as detailed in the affidavits, catered for all beneficiaries, including minor children. The court was satisfied that the adult beneficiaries had agreed to the distribution and that the legal requirements for confirmation of grant under the Law of Succession Act had been met. The replacement of a deceased administrator was also properly effected. There being no objection or evidence of dispute among the beneficiaries, the court found no reason to withhold confirmation and ordered that distribution proceed as agreed by the adult beneficiaries.
Court Disposition
grant confirmed; distribution as agreed by adult beneficiaries
Orders
- The grant of letters of administration is confirmed.
- Distribution of the estate shall be as agreed by the adult beneficiaries.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 1051 of 1998
Before me is a Summons for confirmation of grant dated 18th May, 2009 filed by M/s Cheptumo & Company advocates for the applicants, in the estate of the late AMOS GACHUI GATHUA.The summons is supported by an affidavit sworn by the administrators MARGARET WAMBUI GATHUA and ALEX BENSON GATHUAsworn on18th May, 2009 as well as a further affidavit sworn by MARGARET WAMBUI GATHUA on 27th July, 2009. The further affidavit disclosed some additional assets.In this estate there were two wives, and I am told that one of wives HELLEN WANJIRU GICHUKI has passed away.She was replaced as an administrator by ALEX BENSON GATHUA.
From the documents filed it appears that all beneficiaries, including the minor children, who were two in number were catered for in the proposed mode of distribution.
I therefore confirm the grant of letters of administration.Distribution will be as agreed by adult beneficiaries.
It is so ordered.
Dated and delivered at Nairobi this 16th day of February, 2010.
George Dulu
Judge.