In re Estate of Kule Abdikadir Hassan (Deceased) [2017] KEHC 5373 (KLR) | Succession | Esheria

In re Estate of Kule Abdikadir Hassan (Deceased) [2017] KEHC 5373 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT GARISSA

SUCCESSION CAUSE 42 OF 2014

IN THE MATTER OF THE ESTATE OF KULE ABDIKADIR HASSAN

(DECEASED)

RULING

Before is a summons for confirmation of letters of administration issued to the Public Trustee by this court on 23rd March, 2015.

The summons for confirmation of grant was dated 25th March, 2015. It is thus apparent that the summons for confirmation of grant of letters for administration was filed before the lapse for the six (6) months period provided under section 71(1) of the Law of Succession Act (cap. 160). However, it was heard after the lapse of one (1) year.

Documents filed show that the Kadhi’s court in Wajir through A.A. Mursal Kadhi had in January 2014 determined the inheritance of the only assets, the gratuity of Kshs. 607,869= under Islamic Laws to the three (3) beneficiaries.

I thus allow the summons for the confirmation of grant, and order that the grant of representation of letters administration herein issued to the Public Trustee be and is hereby confirmed. The distribution of the assets will be as has been determined by the Kadhi’s court Wajir.

Certificate of confirmed grant to issue.

Dated and delivered at Garissa this 23rd May 2017.

George Dulu

JUDGE