[2008] KEHC 2596 (KLR)
The court found that the petitioner failed to disclose all lawful beneficiaries of the deceased's estate and was seeking inheritance for herself, contrary to the fiduciary duty of an administrator to act as trustee for all beneficiaries. The objector also made claims to the estate, but the court determined that...
Source-derived case information.
- Citation
- [2008] KEHC 2596 (KLR)
- Parties
- Applicant: Assenath Wanjira Nyaga; Respondent: A. Munyi Kiragu; Respondent: Cathrine Mutitu Titus Njiru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 242 of 2002
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Petition dismissed. Grant of letters of administration to issue jointly to A. Munyi Ikiragu and Cathrine Mutitu Titus Njiru.
- Legal Topics
- Grant of Letters of Administration, Appointment of Administrators, Disclosure of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Assenath Wanjira Nyaga
Applicant
A. Munyi Kiragu
Respondent
Cathrine Mutitu Titus Njiru
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the petitioner failed to disclose all lawful beneficiaries of the deceased's estate.
- 2 Who is a suitable person to be appointed as administrator of the estate.
- 3 Whether the grant should be issued to one or more persons.
Ratio Decidendi
The court found that the petitioner failed to disclose all lawful beneficiaries of the deceased's estate and was seeking inheritance for herself, contrary to the fiduciary duty of an administrator to act as trustee for all beneficiaries. The objector also made claims to the estate, but the court determined that issuing the grant to him alone would not be appropriate. To ensure fair administration and avoid further disputes, the court ordered that the grant of letters of administration be issued jointly to the objector and another beneficiary, Cathrine Mutitu Titus Njiru, representing the interests of all beneficiaries. The petitioner's application was dismissed for lack of candour and...
Court Disposition
Petition dismissed. Grant of letters of administration to issue jointly to A. Munyi Ikiragu and Cathrine Mutitu Titus Njiru.
Orders
- The petitioner's petition is dismissed.
- A grant of letters of administration shall issue to A. Munyi Ikiragu jointly with Cathrine Mutitu Titus Njiru.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Succession 242 of 2002
IN THE MATTER OF THE ESTATE OF CAXTON MURAGE KIRAGU..DSD
AND
ASSENATH WANJIRA NYAGA………………………………..PETITIONER
versus
A. MUNYI KIRAGU………………………………………………..OBJECTOR
JUDGMENT
The Petitioner Assenath Wanjira Nyaga petitioned for a grant of letters of Administration Intestate in the estate of Caxton Murage Kiragu. The Petition was filed on 10/9/2001 and in support thereof she swore an affidavit showing that the deceased did not have any survivors and that she was his sister.
On 7/11/2001 an objection to the making of a grant to the petitioner by A.Munyi Ikiragu was filed on the ground that he is a brother to deceased and therefore a proper person to take up the grant. It is to be noted that the petitioner did not disclose the other relatives of deceased as shown in the Chief’s letter exhibited by protester and dated 18/9/2003 and other survivors as testified by witness- Titus now deceased who has left a widow and family.
I have perused the evidence on both sides. It is clear the petitioner is on the wrong. She failed to give to court full information of survivors. In her evidence she claims inheritance for herself. An administrator of estate stands as a trustee for the benefit of all lawful beneficiaries. I am satisfied that the petitioner in this case is not a suitable person to act as trustee of other beneficiaries. The protester has also made claims to the estate and therefore I find the grant should not be issued to him alone although he has cross petitioned. The proper order is to issue grant to two persons to avoid further disputes arising. At this stage the important order is to have administrators appointed and the issue of distribution of assets shall be dealt with at the time of confirmation of grant.
I therefore make order that the petitioner’s petition is hereby dismissed. A grant of letters of administration shall issue to the protester A. Munyi Ikiragu jointly with Cathrine Mutitu Titus Njiru the daughter of the deceased brother Titus of deceased Caxton Murage Kiragu. Such grant shall be confirmed after expiration of 30 days from the date hereof on application by the Administrators.
It is so ordered.
Dated this 12th February, 2008.
J. N. KHAMINWA
JUDGE
12/2/2008
Khaminwa – Judge
Njue – Clerk
Both parties present in person
Read in their presence in open court.
J. N. KHAMINWA
JUDGE