[2013] KEHC 4111 (KLR)

[2013] KEHC 4111 (KLR)

The court found that the application for confirmation of grant was properly before it and that the proposed distribution of the deceased's estate was in conformity with the law. There being no objection or evidence to the contrary, the court allowed the application and ordered that the estate be distributed as proposed by the applicant. The court exercised its discretion under Section 71 of the Law of Succession Act to confirm the grant and approve the distribution plan.

Citation
[2013] KEHC 4111 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
18 April 2013
Case Number
Succession Cause 1031 of 2004
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
application allowed; grant confirmed; estate to be distributed as proposed
Judges
DN Musyoka
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
English
Family and Children Succession Confirmation of Grant Distribution of Estate

Case Brief

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration should be confirmed as per the application dated 7th November 2012.
  2. 2 Whether the proposed distribution of the estate conforms with the law.

Ratio Decidendi

The court found that the application for confirmation of grant was properly before it and that the proposed distribution of the deceased's estate was in conformity with the law. There being no objection or evidence to the contrary, the court allowed the application and ordered that the estate be distributed as proposed by the applicant. The court exercised its discretion under Section 71 of the Law of Succession Act to confirm the grant and approve the distribution plan.

Court Disposition

application allowed; grant confirmed; estate to be distributed as proposed

Orders

  • The application for confirmation of grant dated 7th November 2012 is allowed.
  • The estate of the deceased shall be distributed as proposed.