[2013] KEHC 4925 (KLR)

[2013] KEHC 4925 (KLR)

The court found that the proposed distribution of the deceased's estate, as set out in the joint affidavit of the applicants, substantially complied with the requirements of the Law of Succession Act. The only modification ordered was that the word 'JOINTLY' wherever it appeared in the proposed distribution be replaced with 'EQUALLY', ensuring that the estate devolves equally among the named beneficiaries. The grant of representation was therefore confirmed as per the application, subject to this amendment.

Citation
[2013] KEHC 4925 (KLR)
Parties
Applicant: Nyawira Wangechi Maina; Applicant: Wangai Muhiu Maina
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 February 2013
Case Number
Succession Cause 1226 of 2011
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant
Outcome
grant confirmed with modification
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

Nyawira Wangechi Maina

Applicant

Wangai Muhiu Maina

Applicant

Procedural Posture

Succession Cause / Ruling on Confirmation of Grant

Legal Issues

  1. 1 Whether the proposed distribution of the deceased's estate conforms with the Law of Succession Act.
  2. 2 Whether the grant of representation should be confirmed as per the application.

Ratio Decidendi

The court found that the proposed distribution of the deceased's estate, as set out in the joint affidavit of the applicants, substantially complied with the requirements of the Law of Succession Act. The only modification ordered was that the word 'JOINTLY' wherever it appeared in the proposed distribution be replaced with 'EQUALLY', ensuring that the estate devolves equally among the named beneficiaries. The grant of representation was therefore confirmed as per the application, subject to this amendment.

Court Disposition

grant confirmed with modification

Orders

  • The grant made on 26/10/2011 is confirmed.
  • The estate shall devolve as proposed in paragraph 5 of the joint affidavit of Nyawira Wangechi Maina and Wangai Muhiu Maina sworn on 25/10/2012, with the word 'JOINTLY' replaced by 'EQUALLY'.