In re Estate Late Cyrus Jeremiah (Deceased) [2018] KEHC 8240 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

SUCCESSION CAUSE NO. 39 OF 2016

IN THE MATTER OF THE ESTATE OF LATE CYRUS JEREMIAH alias

KARIMI CYRUS JEREMIAH alias KARIMI GICHUHI (DECEASED)

JANE WANGUI KARIMI……………………………………..PETITIONER

R U L I N G

What is before me is the summons for confirmation of grant dated 20th December 2016, in respect of the estate of CYRUS JEREMIAH alias KARIMI CYRUS JEREMIAH alias KARIMI GICHUHI (DECEASED) who died on the 25th October 2015. It is supported by the affidavit of Jane Wangui Karimi, the petitioner.

At paragraph 5 she sets out the deceased’s estate as

NYERI/MUNICIPALITY BLOCK 13/2

4 ACRES LR NO. 755/14 1R 7803

EQUITY ACCOUNT NO . xxxxxx

SAFARICOM SHARES

and the identification and shares of all persons beneficially entitled as herself and her children viz;

RAHAB WANJIRU KARIMI

MARY WAIRIMU KARIMI

MICHAEL GICHUHI KARIMI

JANET WANGECHI KARIMI

At paragraph 8 that all the properties are to be transferred to her as per the consent of her children above.

The only person beneficiary entitled who had not signed the consent and could not appear in court to give it was Michael Gichuhi Karimi as he was out of the country.

The summons for confirmation of grant was deferred pending his application/filing his appearance/filing of appropriate documents indicating his position.

In September, 2017 he was in the country and filed his affidavit and supporting annextures, sworn on 26/9/17.  He gives his consent.

There being no objection to the application, the same is granted as prayed.

The deceased estate comprising of the properties here below be transferred to the applicant;

NYERI/MUNICIPALITY BLOCK 13/2

4 ACRES LR NO. 755/14 1R 7803

EQUITY ACCOUNT No. xxxxxxxxxxx

SAFARICOM SHARES

No orders as to costs

Dated, delivered and signed this 24th January 2018 at Nyeri

Teresia M Matheka

Judge