[2013] KEHC 667 (KLR)

[2013] KEHC 667 (KLR)

The court found that the death of the sole administrator rendered the grant inoperative and necessitated its revocation. The applicant, being the widow of the deceased administrator, was a suitable person to be appointed as the new administrator. The court also found it appropriate to correct the name of the...

Source-derived case information.

Citation
[2013] KEHC 667 (KLR)
Parties
Applicant: Philiska Ncurubi M'Arithi; Respondent: M'Arithi M'Marete (deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 207 of 2005
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator and Correction of Beneficiary Name
Outcome
application allowed
Judges
DN Musyoka
Legal Topics
Succession Administration, Grant of Letters of Administration, Substitution of Administrator, Correction of Beneficiary Name
Source Language
en
Family and Children Succession Administration Grant of Letters of Administration Substitution of Administrator Correction of Beneficiary Name

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Philiska Ncurubi M'Arithi

Applicant

M'Arithi M'Marete (deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Substitution of Administrator and Correction of Beneficiary Name

Legal Issues

  1. 1 Whether the grant of letters of administration should be revoked due to the death of the administrator.
  2. 2 Whether the applicant should be appointed as the new administrator of the estate.
  3. 3 Whether the certificate of confirmation of grant should be amended to correct the name of a beneficiary.

Ratio Decidendi

The court found that the death of the sole administrator rendered the grant inoperative and necessitated its revocation. The applicant, being the widow of the deceased administrator, was a suitable person to be appointed as the new administrator. The court also found it appropriate to correct the name of the applicant in the certificate of confirmation of grant to reflect her true name, and to amend the certificate to remove the deceased administrator's name and replace it with a reference to his estate. The orders were granted as sought, ensuring proper administration of the estate and accuracy in the record of beneficiaries.

Court Disposition

application allowed

Orders

  • The grant made on 4th April 2005 is hereby revoked for having become useless and inoperative.
  • Philiska Ncurubi M'Arithi is appointed administrator of the estate of Jacinta Karimi Arithi and a grant of letters of administration intestate shall issue to her.