[2013] KEHC 4768 (KLR)
The court held that the dismissal of the objection to the grant of letters of administration removed any legal barrier to the issuance of the grant. The existence or ownership of specific estate property, such as the disputed land, is not a prerequisite for the issuance of the grant but is a matter to be determined...
Source-derived case information.
- Citation
- [2013] KEHC 4768 (KLR)
- Parties
- Applicant: Mwanahawa Nekesa Wasike; Applicant: Saina Nafula Wanyama; Applicant: Asmini Wanyama; Respondent: Ali Olando
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 35 of 2008
- Procedural Posture
- Probate and Administration / Ruling on Application for Grant of Letters of Administration
- Outcome
- Application for grant of letters of administration allowed.
- Judges
- F Gikonyo
- Legal Topics
- Grant of Letters of Administration, Objection to Grant, Estate Administration, Role of Land Registrar
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwanahawa Nekesa Wasike
Applicant
Saina Nafula Wanyama
Applicant
Asmini Wanyama
Applicant
Ali Olando
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Grant of Letters of Administration
Legal Issues
- 1 Whether the petitioners are entitled to be granted letters of administration for the estate of the deceased.
- 2 Whether the objection filed by the respondent precludes the grant of letters of administration.
- 3 Whether the existence or ownership of the estate property affects the issuance of the grant at this stage.
Ratio Decidendi
The court held that the dismissal of the objection to the grant of letters of administration removed any legal barrier to the issuance of the grant. The existence or ownership of specific estate property, such as the disputed land, is not a prerequisite for the issuance of the grant but is a matter to be determined in subsequent proceedings within the petition. The grant of letters of administration merely authorizes the petitioners to administer the estate and does not prejudice the respondent's claim to the property, which can be addressed once the Land Registrar's records are availed. Therefore, the petitioners are entitled to the grant as prayed.
Court Disposition
Application for grant of letters of administration allowed.
Orders
- Letters of administration to the estate of Fatuma Namukuru Okweto are granted to the petitioners as prayed.
- All other issues regarding the estate property to be addressed substantively within the petition.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
High Court at Bungoma
Probate & Administration 35 of 2008 [if gte mso 9]><![endif]
FATUMA NAMUKURU OKWETO................................................................................DECEASED
AND
MWANAHAWA NEKESA WASIKE
SAINA NAFULA WANYAMA
ASMINI WANYAMA........................................................................PETITIONERS/APPLICANTS
VRS
ALI OLANDO......................................................................................OBJECTOR/RESPONDENT
RULING
Grant letters of administration
[1]Mr. Waswa for the Petitioners applies that the Hon. Court do grant letters of administration to the Petitioners on two grounds:
a) That all legal requirements have been complied with fully: to wit, the petition has been properly filed; and notice duly given vide Gazette Notice no.7422 of 2008.
b) The objection that had been filed herein was dismissed on 4/10/2012.
Application is opposed
[2]Mr. Situma opposed issuance of letters of administration on the grounds that:
a)There is no estate;
b) The land in question belongs to his client and is not part of the estate; and
c)The application is premature and should await the determination of ownership by the Land Registrar.
Reply by Waswa
[3]Mr. Waswa replied and maintained that;
a) There is an estate to which the proceedings relate, and
b) The Petitioners only want mandate to take care of the estate.
Court renders itself thus
[4]The law as is, once an objection to the grant of letters has been disposed of, the court should proceed to make the grant as prayed in the petition. Any other proceeding of any kind should be taken within the Petition as by law prescribed, but it cannot prevent the court from making a grant of letters of administration. Since the objection herein was dismissed on 4/10/2012, there is nothing which legally prevents the court from making a grant of letters of administration to the petitioners. I hereby grant letters of administration to the petitioners as prayed for in the petition.
[5]All the other issues being raised by Mr. Situma's client should be raised substantively in the petition and be dealt with as such. Fortunately, the Land Registrar has been directed to provide the record regarding the suit property and the court shall consider the records when they are availed.
[6]One thing I must say at this stage. The Petitioners cannot have authority on any matter of the estate before letters of administration are issued. The grant of letters of administration makes the Petitioners the proper party for purposes of the proceedings relating to the ascertainment or collection of the estate property. I also observe that issuance of the letters of administration does not prejudice Mr. Situma's client but only gives the petitioners authority to conduct these proceedings and establish whether the suit property or any portion thereof is part of the estate property.
[7] Grant of letters of administration do issue upon the petitioners.
Dated, signed and delivered in open court at Bungoma this 12th day of March, 2013
F. GIKONYO
JUDGE
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