[2014] KEHC 2706 (KLR)

[2014] KEHC 2706 (KLR)

The court found that the proposals for distribution of the estate as set out in the application dated 1st November 2013 were fair. There being no objections or evidence of unfairness, the court was satisfied that the requirements for confirmation of grant under the Law of Succession Act had been met. Accordingly,...

Source-derived case information.

Citation
[2014] KEHC 2706 (KLR)
Parties
Applicant: Paul Kangethe Njoroge (Deceased); Respondent: Administrators (represented by Mr. Okwiri)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
3 October 2014
Case Number
Succession Cause 1337 of 2012
Procedural Posture
Succession Cause / Confirmation of Grant
Outcome
Application for confirmation of grant allowed; proposed distribution approved.
Judges
DN Musyoka
Legal Topics
Succession, Confirmation of Grant, Estate Distribution
Source Language
english
Family and Children Succession Confirmation of Grant Estate Distribution

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Parties

Paul Kangethe Njoroge (Deceased)

Applicant

Administrators (represented by Mr. Okwiri)

Respondent

Procedural Posture

Succession Cause / Confirmation of Grant

Legal Issues

  1. 1 Whether the proposed distribution of the estate is fair and in accordance with the law.
  2. 2 Whether the grant of representation should be confirmed.

Ratio Decidendi

The court found that the proposals for distribution of the estate as set out in the application dated 1st November 2013 were fair. There being no objections or evidence of unfairness, the court was satisfied that the requirements for confirmation of grant under the Law of Succession Act had been met. Accordingly, the court allowed the proposed distribution and confirmed the grant issued on 1st October 2012, directing that a certificate of confirmation of grant be issued.

Court Disposition

Application for confirmation of grant allowed; proposed distribution approved.

Orders

  • The distribution proposed in the application dated 1st November 2013 is allowed.
  • The grant made on 1st October 2012 is confirmed.