[2017] KEHC 2315 (KLR)
The court found that the objector/respondent had filed a consent to the confirmation of the grant and agreed to the proposed equal distribution of the estate. In the absence of any objection and with all beneficiaries in agreement, the court confirmed the grant of letters of administration intestate and ordered that...
Source-derived case information.
- Citation
- [2017] KEHC 2315 (KLR)
- Parties
- Applicant: Lucy Wairimu Mwaniki; Respondent: Teresia Nyambura Mwangi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 754 of 2012
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant_confirmed
- Judges
- NA Matheka
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wairimu Mwaniki
Applicant
Teresia Nyambura Mwangi
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed.
- 2 Whether the estate should be distributed equally between the beneficiaries.
Ratio Decidendi
The court found that the objector/respondent had filed a consent to the confirmation of the grant and agreed to the proposed equal distribution of the estate. In the absence of any objection and with all beneficiaries in agreement, the court confirmed the grant of letters of administration intestate and ordered that the estate be shared equally between the two beneficiaries. The court exercised its discretion under the Law of Succession Act to confirm the grant as per the consented mode of distribution.
Court Disposition
grant_confirmed
Orders
- The grant of letters of administration intestate issued on 8th March 2013 is confirmed.
- The estate, Land Parcel No. Loc 11/Maragi/4691, shall be shared equally between Lucy Wairimu Mwaniki and Teresia Nyambura Mwangi.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NUMBER 754 OF 2012
IN THE MATTER OF THE ESTATE OF CHARLES NGUGI MWANIKI alias NGUGI MWANIKI alias MWANIKI NJAUNI (DECEASED)
LUCY WAIRIMU MWANIKI ………....………ADMINISTRATOR/APPLICANT
VERSUS
TERESIA NYAMBURA MWANGI……………….OBJECTOR/ BENEFICIARY
RULING
What is before me is the Summons for Confirmation of Grant dated 27th February 2017 supported by the affidavit of Lucy Wairimu Mwaniki.
It seeks the confirmation of the grant issued on the 8th of March 2013 according to the evidence of some deceased was survived his sister Lucy Wairimu Mwaniki and a sister in law Teresia Nyambura Mwangi.
He left a property Land Parcel No. Loc 11/Maragi/4691.
When the matter came for hearing on 22nd May 2017 the sister in law was absent. Mr. Kimunya holding brief for Mr. Gacheru for the objector/ respondent submitted that the objector had filed a consent to the confirmation and that the estate was being shared in equal shares.
I have perused the record. I note that the Teresia Mwangi Nyambura filed a consent on the 7th April 2017.
I am persuaded that despite her absence in court the objector /respondent has no objection to the mode of distribution proposed by the petitioner. Hence the grant of letters of administration intestate issued on the 8th March 2013 is confirmed and the estate will be shared equally between the beneficiaries.
There will be no orders as to costs.
Dated, Delivered and signed at Nyeri this 25th May 2017
TERESIA MATHEKA
JUDGE