[2021] KEHC 1056 (KLR)
The court, exercising its discretion under section 66 of the Law of Succession Act, found it necessary to revoke the previous grant of letters of administration due to concerns regarding the interests of the beneficiaries and the proper administration of the estate. The court considered the proposals from both...
Source-derived case information.
- Citation
- [2021] KEHC 1056 (KLR)
- Parties
- Applicant: Sirere Ole Koikai; Applicant: Veronicah Nasei Parmuat; Applicant: John Purkokoikai; Respondent: Franco Naurori Koikai; Respondent: Lucia Nantoti Koikai; Respondent: Michael Koileken Koikai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 4 of 2017
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators and Revocation of Previous Grant
- Outcome
- Grant of letters of administration to previous administrators revoked; new administrators appointed; administration to be completed within six months; each party to bear own costs.
- Judges
- MC Kesse
- Legal Topics
- Succession, Letters of Administration, Revocation of Grant, Appointment of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sirere Ole Koikai
Applicant
Veronicah Nasei Parmuat
Applicant
John Purkokoikai
Applicant
Franco Naurori Koikai
Respondent
Lucia Nantoti Koikai
Respondent
Michael Koileken Koikai
Respondent
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators and Revocation of Previous Grant
Legal Issues
- 1 Whether the previous grant of letters of administration should be revoked due to the interests of beneficiaries and compliance with the law.
- 2 Who should be appointed as administrators of the estate of Annah Nenchungei Koikai.
Ratio Decidendi
The court, exercising its discretion under section 66 of the Law of Succession Act, found it necessary to revoke the previous grant of letters of administration due to concerns regarding the interests of the beneficiaries and the proper administration of the estate. The court considered the proposals from both applicants and respondents and appointed four administrators—two from each side—to ensure balanced representation and compliance with the law. The new administrators are directed to administer and distribute the estate in accordance with the court's previous orders and to remedy any acts contrary to the confirmed grant. The administration must be completed within six months, with a...
Court Disposition
Grant of letters of administration to previous administrators revoked; new administrators appointed; administration to be completed within six months; each party to bear own costs.
Orders
- The grant of letters of administration intestate made on 21st September 2012 and confirmed on 6th June 2019 to Franco Naurori Koikai, Lucia Nantoti and Michael Koileken Koikai is revoked.
- A grant of letters of administration is made to Sirere Koikai, Veronica Nasei Parmuat, Catherine Sapiata Koonyo and Maureen Soila Paswa, who are now the administrators of the estate.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
SUCCESSION CAUSE NO 4 OF 2017
(CORAM: F.M. GIKONYO J.)
(Formerly Nakuru High Court Succession Cause No 457 of 2012)
IN THE MATTER OF ANNAH NENCHUNGEI KOIKAI (DECEASED)
SIRERE OLE KOIKAI....................................1ST APPLICANT
VERONICAH NASEI PARMUAT.................2ND APPLICANT
JOHN PURKOKOIKAI..................................3RD APPLICANT
-versus-
FRANCO NAURORI KOIKAI.......................1ST RESPONDENT
LUCIA NANTOTI KOIKAI...........................2ND RESPONDENT
MICHAEL KOILEKEN KOIKAI..................3RD RESPONDENT
RULING
[1] In a ruling delivered on 26th October 2021 the beneficiaries herein were directed to propose two names of persons eligible for appointment as administrators within 14 days.
[2] On 10th November 2021 the applicants through their legal counsel proposed the following persons for consideration by the court for appointment as administrators of the estate of the deceased;
i.Sirere Koikai ID. NO. xxxxx- Male
ii.Veronica Nasei Parmuat ID NO. xxxxx- Female
[3] On 11th November 2021, counsel for the 1st, 2nd and 3rd respondents forwarded to this court a list of two people they propose to be appointed as administrators, namely;
i. Catherine Sapiata Koonyo Id No. xxxxx
ii. Maureen Soila Paswa Id. No. xxxxx
[4] Upon consideration of the interest of the beneficiaries, the circumstances of the case and the law, in exercise of court’s final discretion under section 66 of the Law of Succession Act, I make the following orders;
i. The grant of letters of administration intestate made herein on 21st September 2012 and confirmed on 6th June 2019 to Franco Naurori Koikai, Lucia Nantoti and Micheal Koileken Koikai is hereby revoked;
ii. I make a grant of letters of administration to Sirere Koikai, Veronica Nasei Parmuat Catherine Sapiata Koonyo and Maureen Soila Paswa who are now the administrators of the estate. The grant is confirmed and the administrators shall administer and distribute the estate in accordance with the orders of the court encapsulated in the Certificate of Confirmation of Grant issued on 25th July 2019. For the avoidance of doubt, the administrators shall remedy any acts which may have been undertaken in contravention with the orders of distribution of the estate.
iii. The administration to be completed within six months and a final account on completed administration to be filed accordingly on or before the next appointed date in this case.
iv. When and where necessary, the administrators or any beneficiary may apply for appropriate orders necessary to facilitate distribution of the estate.
v. Each party shall bear their own costs.
DATED, SIGNED AND DELIVERED AT NAROK THROUGH TEAMS APPLICATION, THIS 14TH DAY OF DECEMBER, 2021
----------------------
F. GIKONYO M.
JUDGE
In the presence of:
1. Masikonde for the applicants
2. Adama for Respondents
3. Kasaso - CA