[2009] KEHC 2851 (KLR)

[2009] KEHC 2851 (KLR)

The court found, based on the applicant's affidavit and the testimony of the assistant chief, that Reuben Njiri Mathenge is the only child and beneficiary of the deceased, Martha Wanjiku Mathenge. There was no evidence of any other beneficiaries or objections. The court was satisfied that the applicant met the requirements for the issuance and confirmation of a grant of letters of administration intestate. Accordingly, the court granted the application and confirmed the grant previously issued, allowing the applicant to administer the estate of the deceased.

Citation
[2009] KEHC 2851 (KLR)
Parties
Applicant: Reuben Njiri Mathenge
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Judgment Date
4 June 2009
Case Number
Probate & Administration 263 of 2006
Procedural Posture
Probate and Administration / Ruling on Application for Grant of Letters of Administration Intestate
Outcome
application granted; grant confirmed
Legal Topics
Succession, Letters of Administration, Intestate Estate, Confirmation of Grant
Source Language
English
Family and Children Succession Letters of Administration Intestate Estate Confirmation of Grant

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Parties

Reuben Njiri Mathenge

Applicant

Procedural Posture

Probate and Administration / Ruling on Application for Grant of Letters of Administration Intestate

Legal Issues

  1. 1 Whether the applicant is entitled to letters of administration intestate for the estate of Martha Wanjiku Mathenge.
  2. 2 Whether the applicant is the sole beneficiary of the deceased's estate.

Ratio Decidendi

The court found, based on the applicant's affidavit and the testimony of the assistant chief, that Reuben Njiri Mathenge is the only child and beneficiary of the deceased, Martha Wanjiku Mathenge. There was no evidence of any other beneficiaries or objections. The court was satisfied that the applicant met the requirements for the issuance and confirmation of a grant of letters of administration intestate. Accordingly, the court granted the application and confirmed the grant previously issued, allowing the applicant to administer the estate of the deceased.

Court Disposition

application granted; grant confirmed

Orders

  • The application for letters of administration intestate is granted to Reuben Njiri Mathenge.
  • The grant issued on 15th July, 2007 is hereby confirmed.