Case ID:165043

In re Estate of JK (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 123 of 2017

Parties:

In re Estate of JK (Deceased)

Date Delivered:

15 Oct 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Abida Ali-Aroni

Citation:

In re Estate of JK (Deceased) [2020] eKLR

Court Division:

Family

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 123 OF 2017

IN THE MATTER OF THE ESTATE OF JK DECEASED

CNI........................................................APPLICANT

VERSUS

HJIL.......................1

ST

EXECUTOR/RESPONDENT

MW........................2

ND

EXECUTOR/RESPONDENT

RSK.......................3

RD

EXECUTOR/RESPONDENT

PSK.......................4

TH

EXECUTOR/RESPONDENT

RULING

1. The application subject of this ruling is dated 28

th

January, 2020 brought under

Section 26

of the

Law of Succession Act and Rule 45(1) of Probate

and

Administration Rules

where the applicant CNI seeks for provision from the estate of the deceased.

2. The applicant’s claim is based on the assertion that she was born of one JKT and the deceased herein and on the fact that she was not provided for in the deceased Will. She claims further that the deceased provided and maintained her since birth. In support she produced a birth certificate, pictures and a copy of a tribute she wrote upon the deceased death.

3. The application was not opposed.

4. In a similar application by one CK the court issued an order on the 13

th

February 2020. Similarly, in this application it appears that the other beneficiaries do not oppose the inclusion and consideration of the applicant as beneficiary of the estate. I therefore direct and order that at the point of confirmation of the grant the Executors of the Will do make reasonable provision for the applicant from the residue of the estate.

5. Costs in the cause.

DATED, SIGNED

and

DELIVERED

at

NAIROBI this 15

th

DAY OF OCTOBER, 2020.

ALI-ARONI

JUDGE