[2013] KEHC 6705 (KLR)

[2013] KEHC 6705 (KLR)

The objector, Mary Njeri Kamau, failed to comply with the mandatory procedural requirements under Rule 17 of the Probate and Administration Rules, having only filed a notice of objection and an affidavit, but not an answer to the petition or a petition by way of cross-application. As a result, there were no valid objection proceedings before the court. The court found that there was nothing to prevent the grant of probate from being issued to the petitioners, who were named as executors in the will of the deceased. The court therefore allowed the petition and ordered that a grant of probate be made to the petitioners.

Citation
[2013] KEHC 6705 (KLR)
Parties
Applicant: Miriam Wanjiku Mwangi; Applicant: Florence Kaigai Kamau; Respondent: Mary Njeri Kamau
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
11 October 2013
Case Number
Succession Cause 2413 of 2011
Procedural Posture
Succession Cause / Ruling on Objection to Grant of Probate
Outcome
Petition allowed; grant of probate issued to petitioners.
Judges
DN Musyoka
Legal Topics
Probate and Administration, Grant of Probate, Objection Proceedings, Wills, Estate Distribution
Source Language
English
Family and Children Probate and Administration Grant of Probate Objection Proceedings Wills Estate Distribution

Case Brief

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Parties

Miriam Wanjiku Mwangi

Applicant

Florence Kaigai Kamau

Applicant

Mary Njeri Kamau

Respondent

Procedural Posture

Succession Cause / Ruling on Objection to Grant of Probate

Legal Issues

  1. 1 Whether the objector complied with Rule 17 of the Probate and Administration Rules in filing a valid objection to the grant of probate.
  2. 2 Whether the petitioners are entitled to a grant of probate based on the will of the deceased.

Ratio Decidendi

The objector, Mary Njeri Kamau, failed to comply with the mandatory procedural requirements under Rule 17 of the Probate and Administration Rules, having only filed a notice of objection and an affidavit, but not an answer to the petition or a petition by way of cross-application. As a result, there were no valid objection proceedings before the court. The court found that there was nothing to prevent the grant of probate from being issued to the petitioners, who were named as executors in the will of the deceased. The court therefore allowed the petition and ordered that a grant of probate be made to the petitioners.

Court Disposition

Petition allowed; grant of probate issued to petitioners.

Orders

  • The petition filed on 7th November 2011 is allowed.
  • Grant of probate of the last will of Michael Kamau Kaigai made on 21st July 2010 is made to Miriam Wanjiku Mwangi and Florence Kaigai Kamau.