[2013] KEHC 3811 (KLR)
The court held that the application for confirmation of grant could not be allowed because the affidavit in support failed to provide specific and detailed particulars of the deceased's assets. The law requires certainty and specificity in such applications, including precise identification of shares, work benefits,...
Source-derived case information.
- Citation
- [2013] KEHC 3811 (KLR)
- Parties
- Applicant: Rachel Nyasi Makoko Kimbio; Applicant: Chari Mwadime
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1533 of 2012
- Procedural Posture
- Succession Cause / Summons for Confirmation of Grant
- Outcome
- Confirmation of grant postponed; leave granted to file supplementary affidavit with asset particulars.
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Estate Administration, Specificity of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Nyasi Makoko Kimbio
Applicant
Chari Mwadime
Applicant
Procedural Posture
Succession Cause / Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration can be confirmed based on vague and unspecific information regarding the assets of the deceased.
- 2 What level of specificity is required in listing the assets of the deceased in an application for confirmation of grant.
Ratio Decidendi
The court held that the application for confirmation of grant could not be allowed because the affidavit in support failed to provide specific and detailed particulars of the deceased's assets. The law requires certainty and specificity in such applications, including precise identification of shares, work benefits, MPesa accounts, bank accounts, and any other benefits. Granting confirmation on the basis of vague descriptions would render the certificate of confirmation ineffective, as third parties would require detailed information to process the transfer or distribution of assets. The court therefore postponed the confirmation and directed the administrators to file a supplementary...
Court Disposition
Confirmation of grant postponed; leave granted to file supplementary affidavit with asset particulars.
Orders
- Confirmation of grant is postponed.
- Administrators to file a supplementary affidavit detailing the particulars of the deceased's assets as directed by the court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Succession Cause 1533 of 2012 [if gte mso 9]><xml>
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IN THE MATTER OF THE ESTATE OF JANET MANENA MWADIME (DECEASED)
RULING
The Summons for Confirmation of Grant dated 30th January 2013 is for the confirmation of the grant of letters of administration made to Rachel Nyasi Makoko Kimbio and Chari Mwadime on 23rd November 2012. The provisions upon which the application is brought are not indicated, but it is presumed that it is premised on Section 71 of the Law of Succession Act.
The property of the deceased that is proposed is described in the application merely as shares in various companies, work benefits, MPesa, bank accounts and other benefits. This is vague to the extreme. The law treasures certainty and lack of ambiguity. In applications of this nature specificity is valued, so that reference to shares must include the number of the share certificate held by the deceased. Work benefits must have a reference to the company where the deceased worked, where possible indicating the employment or personal number. MPesa should indicate the mobile telephone line of the deceased. Bank accounts must be by reference to the number of the specific account. There should clear specifics of what are being called ‘other benefits.’
A confirmation of the grant made on the basis of such information as that contained in the affidavit of Rachel Nyasi Makoko Kimbio and Chari Mwadime will be of no use to the administrators. The persons to whom the certificate of confirmation of grant will be presented will demand specifics, forcing the administrators to come back to court asking for a rectification of the certificate.
I will not confirm the grant on the basis of the information given in paragraph 5 of the affidavit in support of the application. I will postpone the confirmation, and give leave to the administrators to file a supplementary affidavit which should give the details/particulars that I have indicated above. The administrators shall thereafter obtain dates for the hearing of the application at the registry.
DATED, SIGNED and DELIVERED at NAIROBI this 2nd DAY OF May , 2013.
W. M. MUSYOKA
JUDGE
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