[2013] KEHC 4773 (KLR)

[2013] KEHC 4773 (KLR)

The court found that the objectors failed to comply with the mandatory procedural requirements under the Probate and Administration Rules by not filing an answer to the petition or a cross-petition after lodging a notice of objection. The notice of objection alone did not constitute a valid application, and thus the directions taken and the hearing conducted were premature and a nullity. The delay in issuing the grant was unjustified, as there was no valid objection pending. Consequently, the court ordered that a grant of letters of administration intestate be made forthwith to the petitioners.

Citation
[2013] KEHC 4773 (KLR)
Parties
Applicant: Fredrick Warui Mwangi; Applicant: Erick Kariuki Mwangi; Respondent: Objectors
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 March 2013
Case Number
Succession Cause 217 of 2011
Procedural Posture
Succession Cause / Judgment
Outcome
Grant of letters of administration intestate ordered to be issued to the petitioners.
Judges
DN Musyoka
Legal Topics
Probate and Administration, Grant of Letters of Administration, Objection Proceedings
Source Language
English
Family and Children Probate and Administration Grant of Letters of Administration Objection Proceedings

Case Brief

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Parties

Fredrick Warui Mwangi

Applicant

Erick Kariuki Mwangi

Applicant

Objectors

Respondent

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether the notice of objection filed under rule 17(1) constitutes a valid application for hearing in succession proceedings.
  2. 2 Whether the objectors complied with the procedural requirements to file an answer to the petition and a cross-petition as required under the Probate and Administration Rules.
  3. 3 Whether the hearing conducted on 4th February 2013 was valid in the absence of proper objection proceedings.

Ratio Decidendi

The court found that the objectors failed to comply with the mandatory procedural requirements under the Probate and Administration Rules by not filing an answer to the petition or a cross-petition after lodging a notice of objection. The notice of objection alone did not constitute a valid application, and thus the directions taken and the hearing conducted were premature and a nullity. The delay in issuing the grant was unjustified, as there was no valid objection pending. Consequently, the court ordered that a grant of letters of administration intestate be made forthwith to the petitioners.

Court Disposition

Grant of letters of administration intestate ordered to be issued to the petitioners.

Orders

  • A grant of letters of administration intestate shall be made to Fredrick Warui Mwangi and Erick Kariuki Mwangi forthwith.