[2004] KEHC 541 (KLR)

The court declined to confirm the grant of letters of administration because there was no written distribution of the assets among the beneficiaries filed. The court held that confirmation of grant cannot proceed without clear evidence of how the estate is to be distributed, as required by law. The applicant must file a written distribution of assets before the court can consider the application for confirmation.

Citation: [2004] KEHC 541 (KLR)
Parties: Applicant: Lucy Njeri Kamande; Respondent: Paul Gachuhi Gathua
Court: High Court
Court Station: High Court at Eldoret
Jurisdiction: Kenya
Judgment Date: 21 June 2004
Case Number: ? 294 of 1999
Procedural Posture: Probate and Administration / Application for Confirmation of Grant
Outcome: Application for confirmation of grant deferred pending filing of written distribution of assets.
Judges: GMA Dulu
Legal Topics: Confirmation of Grant, Distribution of Estate, Letters of Administration
Source Language: English

Family and Children Confirmation of Grant Distribution of Estate Letters of Administration

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Parties

Lucy Njeri Kamande

Applicant

Paul Gachuhi Gathua

Respondent

Procedural Posture

Probate and Administration / Application for Confirmation of Grant

Legal Issues

1 Whether the court should confirm the grant of letters of administration without a written distribution of assets among beneficiaries.

Ratio Decidendi

Court Disposition

Application for confirmation of grant deferred pending filing of written distribution of assets.

Orders

The applicant is directed to file a written distribution of assets among beneficiaries before the matter can be considered by the court.