[2010] KEHC 3754 (KLR)

[2010] KEHC 3754 (KLR)

The court found that the applicants are the only surviving beneficiaries and administrators of the estate, and that they have agreed on the mode of distribution. There being no objection and the requirements of the Law of Succession Act and Probate and Administration Rules having been met, the court confirmed the grant of letters of administration to the applicants. The court also recognized the need for the applicants to access estate funds for their education and to settle estate debts, which justified the confirmation of the grant and the proposed distribution.

Citation
[2010] KEHC 3754 (KLR)
Parties
Applicant: Peter Mungai Wanjiku; Applicant: Charles Muhia Wanjiku
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 February 2010
Case Number
Succession Cause 1480 of 2008
Procedural Posture
Succession Cause / Confirmation of Grant
Outcome
Application allowed; grant of letters of administration confirmed.
Legal Topics
Succession, Confirmation of Grant, Administration of Estates
Source Language
English
Family and Children Succession Confirmation of Grant Administration of Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Peter Mungai Wanjiku

Applicant

Charles Muhia Wanjiku

Applicant

Procedural Posture

Succession Cause / Confirmation of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration intestate should be confirmed to the applicants.
  2. 2 Whether the applicants, as young adult dependants, should be granted access to estate funds for education and settlement of debts.
  3. 3 Whether the proposed mode of distribution is acceptable to the court.

Ratio Decidendi

The court found that the applicants are the only surviving beneficiaries and administrators of the estate, and that they have agreed on the mode of distribution. There being no objection and the requirements of the Law of Succession Act and Probate and Administration Rules having been met, the court confirmed the grant of letters of administration to the applicants. The court also recognized the need for the applicants to access estate funds for their education and to settle estate debts, which justified the confirmation of the grant and the proposed distribution.

Court Disposition

Application allowed; grant of letters of administration confirmed.

Orders

  • The grant of letters of administration intestate made on 29th October 2008 and amended on 19th October 2009 is confirmed to Peter Mungai Wanjiku and Charles Muhia Wanjiku.
  • Distribution of the estate shall be as agreed by the applicants in their joint affidavit sworn on 22nd January 2010.