[2014] KEHC 1397 (KLR)
The court found that since the application for confirmation of grant was unopposed—no protest having been filed by the objecting beneficiary despite being given an opportunity—the application should be granted. The grant issued on 28th November 2003 was confirmed, and the estate was ordered to devolve in accordance...
Source-derived case information.
- Citation
- [2014] KEHC 1397 (KLR)
- Parties
- MISSING: James Mundhe Adede (Deceased); Respondent: Kesia Akinyi Asewe; Applicant: Administrator (unnamed)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2557 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; grant confirmed.
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Estate Distribution, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mundhe Adede (Deceased)
MISSING
Kesia Akinyi Asewe
Respondent
Administrator (unnamed)
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant should be allowed in the absence of a filed protest by a beneficiary.
- 2 Whether the estate should be distributed as proposed in the supporting affidavit.
Ratio Decidendi
The court found that since the application for confirmation of grant was unopposed—no protest having been filed by the objecting beneficiary despite being given an opportunity—the application should be granted. The grant issued on 28th November 2003 was confirmed, and the estate was ordered to devolve in accordance with the proposed distribution set out in the supporting affidavit. The absence of a formal protest was decisive in allowing the application without further inquiry into the merits of the distribution proposal.
Court Disposition
Application for confirmation of grant allowed; grant confirmed.
Orders
- The grant made on 28th November 2003 is confirmed.
- The estate shall devolve as per paragraph 9 of the affidavit in support of the application dated 21st August 2013.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2557 OF 2003
IN THE MATTER OF THE ESTATE OF JAMES MUNDHE ADEDE – (DECEASED)
RULING
1. The application for confirmation is dated 21st August 2013. It proposes distribution of the estate in the terms set out in paragraph 9 of the affidavit sworn in support of the application.
2. When the matter came up on 30th October 2013, it transpired that one beneficiary, Kesia Akinyi Asewe, a widow of the deceased was disputing the proposed distribution. It was directed that she should file an affidavit of protest. The matter was fixed for mention on 4th December 2013 to confirm the filing of the affidavit of protest. She did not file the same by 4th December 2013, and a further mention was given for 11th December 2013. She did not file the protest. On 26th March 2014 a date was given for ruling.
3. As the application dated 21st August 2013 is not opposed, I do hereby grant the same. The grant made on 28th November 2003 is hereby confirmed. The estate shall devolve as per paragraph 9 of the affidavit in support of the application dated 21st August 2013.
4. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 28th DAY OF November 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Odhiambo Ochieng advocate for the administrator.