[2008] KEHC 2745 (KLR)
The court held that following the revocation of the previous grant, the estate of the deceased was left without an administrator. The applicant, being the nearest kin, is entitled to be issued with a grant of administration. However, since the previous administrator had sold some of the deceased's land to third...
Source-derived case information.
- Citation
- [2008] KEHC 2745 (KLR)
- Parties
- Applicant: Bancy Wanjira Mugo; Respondent: Adelaide Muthoni Mugo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 33 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application Following Revocation of Grant
- Outcome
- Application for grant of administration allowed, subject to hearing purchasers.
- Legal Topics
- Succession, Grant of Administration, Revocation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bancy Wanjira Mugo
Applicant
Adelaide Muthoni Mugo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application Following Revocation of Grant
Legal Issues
- 1 Whether a new grant of administration should be issued following revocation of the previous grant.
- 2 Whether purchasers of estate property by the previous administrator should be heard before further orders are made.
Ratio Decidendi
The court held that following the revocation of the previous grant, the estate of the deceased was left without an administrator. The applicant, being the nearest kin, is entitled to be issued with a grant of administration. However, since the previous administrator had sold some of the deceased's land to third parties, Section 93 of the Law of Succession Act requires that the validity of such transfers be considered. Therefore, the court ordered that the application be served upon all purchasers so that they may be heard before any further orders are granted regarding the estate.
Court Disposition
Application for grant of administration allowed, subject to hearing purchasers.
Orders
- A grant of administration to be issued to Bancy Wanjira Mugo.
- The application to be served upon all purchasers for hearing before further orders are made.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Misc Succ Case 33 of 2004
IN THE MATTER OF THE ESTATE OF DANIEL MUGO NJUKI-DECEASED
AND
BANCY WANJIRA MUGO…………………APPLICANT/OBJECTOR
VERSUS
ADELAIDE MUTHONI MUGO…...……RESPONDENT/PETITIONER
RULING
The applicant filed application dated 27/6/2007. Orders sought are as a result of the order revoking a grant made earlier.
Upon a revocation of a grant the estate has no Administrator. Therefore a grant ought to be issued to another person. In this case the protester Bancy Wanjira Mugo appears to be the nearest of kin of deceased and therefore she has a right to a grant of Administration of the Estate of her father the deceased Daniel Mugo Njuki.
I therefore order that a grant be issued to the said Bancy Wanjiru Mugo. Regarding this application it is stated that the previous administrator did sell some land of deceased to some person. Section 93 provides for the validity of such transferred assets to purchasers.
In the circumstances the purchasers should be heard before orders are granted. I therefore order that the application be served upon all of them for hearing of this application.
Dated this 14th February, 2008.
J. N. KHAMINWA
JUDGE
14/2/2008
Khaminwa – Judge
Njue – Clerk
Bancy present
Read in open court.
J. N. KHAMINWA
JUDGE