[2019] KEHC 6211 (KLR)
The court found that the citor, as a daughter of the deceased, is entitled by law to apply for a grant of letters of administration without requiring prior authority from the court or any other person. Since there are already existing succession causes concerning the estate (Runyenjes Succession Cause No. 79 of 2009...
Source-derived case information.
- Citation
- [2019] KEHC 6211 (KLR)
- Parties
- Applicant: Consolata Thara Njeru; Respondent: Mohamed Kithaka Ndwiga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 474 of 2011
- Procedural Posture
- Succession Cause / Ruling on Citation Application
- Outcome
- Citation application struck out; no order as to costs.
- Judges
- FN Muchemi
- Legal Topics
- Grant of Letters of Administration, Revocation of Grant, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Consolata Thara Njeru
Applicant
Mohamed Kithaka Ndwiga
Respondent
Procedural Posture
Succession Cause / Ruling on Citation Application
Legal Issues
- 1 Whether the citor requires court authority to apply for a grant of letters of administration in her deceased mother.s estate.
- 2 Whether the citation application is properly before the court given the existence of prior succession causes.
Ratio Decidendi
The court found that the citor, as a daughter of the deceased, is entitled by law to apply for a grant of letters of administration without requiring prior authority from the court or any other person. Since there are already existing succession causes concerning the estate (Runyenjes Succession Cause No. 79 of 2009 and High Court Succession Cause No. 474 of 2011), the citation procedure was deemed unnecessary and procedurally misplaced. The appropriate course is for the applicant to file her application for appointment as administrator within the existing cause and serve all relevant parties. The citation was therefore struck out as not properly before the court.
Court Disposition
Citation application struck out; no order as to costs.
Orders
- The citation dated 3/08/2018 is struck out with no orders as to costs.
- The citor is advised to lodge her application in this cause seeking appointment as administrator and serve her siblings.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
SUCCESSION CAUSE NO. 474 OF 2011
IN THE MATTER OF THE ESTATE OF ANISIA WANJIRA
KANENEAlias ANISIA WANJIRA WAWERU (DECEASED)
CONSOLATA THARA NJERU.............................................CITOR/PETITIONER
VERSUS
MOHAMED KITHAKA NDWIGA....................................CITEE/RESPONDENT
R U L I N G
1. I have heard the citor in her citation dated 3/08/2018 which was not opposed.
2. I have perused the file and noted that the grant issued in Runyenjes Succession Cause No.79 of 2009 in favour of one Lawrence Ndwiga Njagi was revoked by Bwonwonga, J. in his ruling delivered on 9/11/2015. The court did not appoint an administrator upon revoking the grant.
3. The citor in her application seeks to be authorized to apply for the grant in her deceased’s mother estate. She is a daughter of the deceased and therefore qualified under Section 66 of the Law of Succession Act to apply.
4. A child of the deceased or a widow for that matter requires no authority from the court or from any other person to apply for a grant in the deceased’s estate.
5. Since there is a succession cause in place in form of Runyenjes Succession Cause No. 79 of 2009 and High Court Succession Cause No. 474 of 2011 (files tied together) there is no need of filing a new cause.
6. I find the citation misplaced and not properly before the court. It is hereby struck out with no orders as to costs.
7. The citor is hereby advised to lodge her application in this cause seeking to be appointed an administrator of the deceased’s estate and serve her siblings.
8. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 26TH DAY OF JUNE, 2019.
F. MUCHEMI
JUDGE
In the presence of: -
Mr. P. N. Mugo for petitioners/applicants
Respondent in person