[2004] KEHC 539 (KLR)

[2004] KEHC 539 (KLR)

The court held that before the confirmation of the grant of letters of administration can be considered, all beneficiaries must sign a written consent and an affidavit of distribution of assets, and these documents must be filed in court. Without compliance, the confirmation cannot proceed.

Citation
[2004] KEHC 539 (KLR)
Parties
Applicant: Jane Ombaha Aluso; Applicant: Mercy Mugua Aluso
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
22 June 2004
Case Number
? 333 of 2001
Procedural Posture
Probate and Administration / Ruling on Confirmation of Grant
Outcome
Matter stood over generally pending compliance.
Legal Topics
Succession, Grant Confirmation, Beneficiary Consent
Source Language
English
Family and Children Succession Grant Confirmation Beneficiary Consent

Case Brief

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Parties

Jane Ombaha Aluso

Applicant

Mercy Mugua Aluso

Applicant

Procedural Posture

Probate and Administration / Ruling on Confirmation of Grant

Legal Issues

  1. 1 Whether all beneficiaries must sign a written consent and affidavit of distribution before confirmation of grant of letters of administration.

Ratio Decidendi

The court held that before the confirmation of the grant of letters of administration can be considered, all beneficiaries must sign a written consent and an affidavit of distribution of assets, and these documents must be filed in court. Without compliance, the confirmation cannot proceed.

Court Disposition

Matter stood over generally pending compliance.

Orders

  • All beneficiaries must sign a written consent and affidavit of distribution of assets and file the same before confirmation of grant can be considered.