[2015] KEHC 1441 (KLR)
The court found that the administrator failed to take reasonable steps to apply for confirmation of the grant for over two years, despite repeated requests from the protestors and sufficient notice of the proceedings. The absence of any response or opposition from the administrator further supported the applicants'...
Source-derived case information.
- Citation
- [2015] KEHC 1441 (KLR)
- Parties
- Respondent: Edith Wanjovi; Applicant: Eunice Kanyiva Misheck; Applicant: Nancy Rwamba Nyaga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 492 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation/amendment of Grant
- Outcome
- Grant of letters of administration amended to include the two protestors as co-administrators; all three sisters to serve as co-administrators.
- Legal Topics
- Succession, Grant of Letters of Administration, Confirmation of Grant, Co Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edith Wanjovi
Respondent
Eunice Kanyiva Misheck
Applicant
Nancy Rwamba Nyaga
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Revocation/amendment of Grant
Legal Issues
- 1 Whether the administrator failed to apply for confirmation of grant within the prescribed period.
- 2 Whether the grant of letters of administration should be revoked or amended to include the protestors as co-administrators.
Ratio Decidendi
The court found that the administrator failed to take reasonable steps to apply for confirmation of the grant for over two years, despite repeated requests from the protestors and sufficient notice of the proceedings. The absence of any response or opposition from the administrator further supported the applicants' case. Given the need for cooperation among the sisters in administering the estate and the fact that the number of administrators would not exceed the statutory maximum, the court determined that the appropriate remedy was to amend the grant to include the two protestors as co-administrators, rather than to revoke the grant entirely.
Court Disposition
Grant of letters of administration amended to include the two protestors as co-administrators; all three sisters to serve as co-administrators.
Orders
- The grant of letters of administration intestate is amended to include Eunice Kanyiva Misheck and Nancy Rwamba Nyaga as co-administrators.
- The three sisters, Edith Wanjovi, Eunice Kanyiva Misheck, and Nancy Rwamba Nyaga, shall serve jointly as co-administrators of the estate.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 492 OF 2012
IN THE MATTER OF THE ESTATE OF ABISHAG IRIMA IRERI (DECEASED)
EDITH WANJOVI....................................................PETITIONER/RESPONDENT
VERSUS
EUNICE KANYIVA MISHECK
NANCY RWAMBA NYAGA ...................................PROTESTORS/APPLICANTS
RULING
By their summons the two applicants/protestors have applied to this court for the revocation of the grant of letters of administration made to their sister Edith Wanjovi, which were granted to her on 26th April, 2013. The application of the protestors is supported by their affidavit. In their joint affidavit the protestors have stated that the administrator has not taken any action for over two years to apply for a confirmation of the grant. They also state that they have on several occasions pleaded with the administrator to file the necessary application in court without success.
It is due to the failure by the administrator to take reasonable steps to apply for confirmation of the grant that has necessitated this application.
The administrator did not file any replying affidavit. According to the affidavit of service, the administrator was served on 3rd September, 2015, but refused to sign that she had been served. This application came for hearing on 17th September, 2015, which is two weeks after being served with notice of hearing. In the circumstances, the administrator had sufficient notice to respond if she desired to do so.
It is common cause that the administrator is the sister of the protestors. The applicants need the continued co-operation of their sister in administering the estate. She should not be left out as an administrator. In the peculiar circumstances of this case, the grant of letters of administration intestate are hereby amended to include the two protestors as co-administrators of the estate of their deceased father. It therefore follows that the three sisters will all be co-administrators.
This number of administrators does not exceed the permitted maximum number of four administrators.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this.. 7th .. day of OCTOBER .2015
In the presence of Ms Rose Njeru for protestors and in the absence of the Petition.
Court clerk R. Njue.
J.M. BWONWONGA
JUDGE
07. 10. 15