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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT MOMBASA
SUCCESSION CAUSE NO [reference]
IN THE ESTATE OF [DECEASED]
OBJECTION TO MAKING A GRANT
1. The Objector opposes appointment of [petitioner] to the extent the petition fails to disclose [identified interested persons or related estate proceedings]. The Objector claimed relationship is [actual assertion and supporting basis]. This wording does not treat the assertion as a proved legal status.
2. The Objector requests an opportunity to produce genuine evidence of the relationship through [deceased child] and identify any right relevant to this particular appointment. Rights in that deceased child estate are distinguished from a direct entitlement in the original deceased estate.
3. The petition inventory and proposed authority must remain limited to the original deceased property interest. The Objector identifies [specific omitted fact or document] and explains its effect on appointment priority. General allegations of fraud require actual material particulars and evidence.
4. The Court is requested to give the appropriate objection, answer and cross-application directions where required, with service on all interested persons. Any separate family-status or estate dispute must be identified accurately rather than used to merge legally distinct administrations.
5. The Objector seeks the disposition supported by proved standing and the appointment rules. In the reported case this objection was dismissed, and the disputed family status remained for later proceedings. No inference is made that fostered or adopted persons are invariably excluded from succession.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Use the applicable prescribed objection and subsequent answer and cross-application process under sections 68–69 and probate rule 17, including proper service and directions. Establish standing and disclose contested family status accurately. This substantive specimen is not a complete prescribed filing form. This is an unsuccessful historical position reconstructed for instruction. Use the proper section 68–69 and probate rule 17 objection, answer and cross-application process; grounds of opposition alone are not the prescribed objection form. Apply the Probate and Administration Rules and the actual succession Court directions, rather than assuming ordinary civil motion procedure. Protect any minor or person lacking capacity.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
An estate originating from a 1972 death included a one-third undivided interest in a Mombasa property. The sole holder of the unconfirmed 2020 grant died in 2021. A grandson sought a de bonis non grant; an objector claiming a foster relationship through another deceased son opposed appointment.
The Court revoked the inoperative grant, appointed the grandson to administer the unadministered estate and dismissed the objection. He was directed to collect and gather assets without distribution before confirmation. The objector contested family status was left for subsequent proceedings; each party bore its costs.
Section 76(e), appointment priority and probate procedure address the death of a sole administrator. Separate estates and their shares must not be conflated. Because the original death predated 1 July 1981, section 2(2) requires checking the applicable historical substantive succession law; administration and confirmation remain distinct. This case does not establish a universal exclusion of foster or adopted children.
Read the original reported decision: [2025] KEHC 9157 (KLR) — 19 June 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Law of Succession Act
Probate and Administration Rules — check current amendments and prescribed forms
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