[2004] KEHC 2454 (KLR)

[2004] KEHC 2454 (KLR)

The court held that before an application for confirmation of grant of letters of administration can be considered, all beneficiaries must sign a written consent and an affidavit of distribution of assets, and these documents must be filed. The absence of these documents precludes the court from proceeding with the...

Source-derived case information.

Citation
[2004] KEHC 2454 (KLR)
Parties
Applicant: Samwel Kipkogei Kibet
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
? 20 of 2002
Procedural Posture
Probate and Administration / Ruling on Application for Confirmation of Grant
Outcome
Application for confirmation of grant stood over generally pending compliance with requirements.
Legal Topics
Succession, Probate, Confirmation of Grant
Source Language
en
Family and Children Succession Probate Confirmation of Grant

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Parties

Samwel Kipkogei Kibet

Applicant

Procedural Posture

Probate and Administration / Ruling on Application for Confirmation of Grant

Legal Issues

  1. 1 Whether all beneficiaries have provided written consent and affidavit of distribution of assets as required before confirmation of grant can be considered.

Ratio Decidendi

The court held that before an application for confirmation of grant of letters of administration can be considered, all beneficiaries must sign a written consent and an affidavit of distribution of assets, and these documents must be filed. The absence of these documents precludes the court from proceeding with the confirmation application.

Court Disposition

Application for confirmation of grant stood over generally pending compliance with requirements.

Orders

  • All beneficiaries to sign written consent and affidavit of distribution of assets and file the same before application for confirmation of grant can be considered.
  • Matter stood over generally.