WAIRIMU GATHUTE V. THEURI WAMBUGU & GATHONI GATHUTE

JUDGMENT

Wairimu Gathute (the appellant), Theuri Wambugu (the first respondent) and Gathoni Gathute (the second respondent) applied to the Resident Magistrate’s Court at Nyeri for a grant of letters of administration intestate of the estate of Kago Kimere (the deceased) who died on 28th October, 1968. Wairimu and Gathoni were daughters in law of the deceased. Wambugu is the deceased’s son. A temporary grant was given to the appellant on 14th November, 1986 and on 6th September, 1988, she applied to the Court for confirmation of this grant.

As is clear from section 71(1) of the Law of Succession Act (cap 160), the application for confirmation of the grant is to empower the distribution of any capital assets by the holder of the grant. In the affidavit in support of the application for confirmation of the grant, the appellant named the two respondents and herself as the persons beneficially entitled and also set out their respective shares over two parcels of land left by the deceased nam…