[2009] KEHC 72 (KLR)
The court found that following the death of the previous administrator, Esther Ngeno, it was necessary to appoint a new administrator to ensure the continued administration of the estate. John Cheruiyot Bett, being a son of the deceased and having applied for the position, was deemed a suitable person to be...
Source-derived case information.
- Citation
- [2009] KEHC 72 (KLR)
- Parties
- Petitioner: Esther Chepkirui Ngeno; Objector: Esther Chelelgo Ngeno; Applicant: John Cheruiyot Bett
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 259 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application for De Bonis Non Administration
- Outcome
- Application for de bonis non administration allowed.
- Legal Topics
- Succession, Grant of Letters of Administration, De Bonis Non Administration, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Chepkirui Ngeno
Petitioner
Esther Chelelgo Ngeno
Objector
John Cheruiyot Bett
Applicant
Procedural Posture
Succession Cause / Ruling on Application for De Bonis Non Administration
Legal Issues
- 1 Whether the application for de bonis non administration should be granted following the death of the previous administrator.
- 2 Whether John Cheruiyot Bett is a suitable person to be appointed as administrator in place of the deceased administrator.
Ratio Decidendi
The court found that following the death of the previous administrator, Esther Ngeno, it was necessary to appoint a new administrator to ensure the continued administration of the estate. John Cheruiyot Bett, being a son of the deceased and having applied for the position, was deemed a suitable person to be appointed as administrator de bonis non. The application was unopposed and the court exercised its discretion under the Law of Succession Act to grant the application, thereby ensuring the estate would be properly administered.
Court Disposition
Application for de bonis non administration allowed.
Orders
- John Cheruiyot Bett is appointed administrator de bonis non in place of Esther Ngeno.
- Costs to be in the estate.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE 259 OF 1999
IN THE ESTATE OF THE LATE
KIMAGUT NGENO ……………………………….. DECEASED
And
ESTHER CHEPKIRUI NGENO …………………….. PETITIONER
VERSUS
ESTHER CHELELGO NGENO …………………… OBJECTOR
RULING
Application for De Bonis non
I: Background
1. The deceased Kimagut Arap Ngeno passed away on 30th July, 1992 aged 75 years old. He died of cancer.
2. A grant of letters administration was made to one Esther Ng’eno on 15th October, 1999. The grant was then confirmed on 27th June, 2000. In any event the names of Esther Ng’eno seems to have been amended to add the name Chepkirui. Both grant having issued by Rimita J.
3. It seems there was another Esther Ngeno who on 26th March, 2003 applied for revocation of grant. The matter was referred to arbitration by Visram J.
4. The parties on being heard by elders returned to the High Court to seek the setting aside of the said grant. This was granted by Kimaru J on 11th June, 2004 on irregularities.
5. The position of this file were issues of revocation proceedings. Unfortunately, before they could be heard Esther Ngeno – Chepkirui passed away on 21st August, 2005. The parties were at a loss on how to proceed with this matter and nothing took place until 26th January, 2009 when the advocate J.K. Kirui applied for De Bonis non application.
II: De Bonis non
6. The application was applied for through one John Cheruiyot Bett a son to the deceased seeking to act as administrator in place of his mother.
7. The application herein has merits. I would allow the same and order that the said John Cheruiyot Bett be and is hereby made the administrator in place of Esther Ngeno.
8. The costs be in the estate.
DATEDthis 31st day of July, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
J.K. Kirui advocate instructed by M/S J.K. Kirui & Co. advocates for the Petitioner/ Applicant – present
Petitioner/Applicant - absent