[2008] KEHC 1751 (KLR)
The court held that, while the widow and son have a recognized right to administration under the Law of Succession Act, Section 66 grants the court absolute discretion in appointing administrators. Considering the arguments and the applicant's claim to a share of the estate, the court found it just to appoint both...
Source-derived case information.
- Citation
- [2008] KEHC 1751 (KLR)
- Parties
- Applicant: Gladys Wambui Kariamburi; Respondent: Peris Wairimu Kagumba
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 598 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Gazettement Order and for Appointment of Administrators
- Outcome
- Application partially allowed; both the widow and mother appointed as joint administrators.
- Judges
- MM Kasango
- Legal Topics
- Succession, Letters of Administration, Appointment of Administrators, Rights of Surviving Spouse, Rights of Parent, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Wambui Kariamburi
Applicant
Peris Wairimu Kagumba
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Gazettement Order and for Appointment of Administrators
Legal Issues
- 1 Whether the mother of the deceased has an equal right with the widow and son to petition for grant of letters of administration.
- 2 Whether the order for gazettement in favour of the widow and son should be set aside.
- 3 Who should be appointed as administrators of the deceased's estate.
Ratio Decidendi
The court held that, while the widow and son have a recognized right to administration under the Law of Succession Act, Section 66 grants the court absolute discretion in appointing administrators. Considering the arguments and the applicant's claim to a share of the estate, the court found it just to appoint both the widow and the mother of the deceased as joint administrators. The court thus ordered that both petitioners be gazetted as administrators, ensuring equitable representation of the interests of both the surviving spouse and the parent of the deceased.
Court Disposition
Application partially allowed; both the widow and mother appointed as joint administrators.
Orders
- Both Peris Wairimu Kagumba and Gladys Wambui Kariamburi to be gazetted as administrators of the estate.
- No order as to costs in respect of the summons dated 1st November 2007.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Succession Cause 598 of 2006
IN THE MATTER CHRISTOPHER KAGUMBA KARIAMBURI DECEASED
GLADYS WAMBUI KARIAMBURI ……................................……. APPLICANT
Versus
PERIS WAIRIMU KAGUMBA & ANO …............................…. RESPONDENT
RULING
There were two petitions filed in respect of this estate. The first in time was Succession Cause No. 429 of 2006 which was filed by Peris Wairimu Kagumba and Humprey Karuga Kagumba. The second one being Succession Cause No. 598 of 2006 was filed by Gladys Wambui Kariamburi. Peris Wairimu filed her succession cause as the widow of the deceased. Her coadministrator is the son of the deceased. An order was made in respect of her succession cause on 13th October 2006 for gazettement. It does look like todate gazettement has not been done. By an order of this court of 25th May 2007 the court ordered for the consolidation of both causes and Succession Cause No. 598 of 2006 was made the lead file. The Succession Cause No. 598 of 2006 was filed by the mother of the deceased. She has now moved this court by summons dated 1st November 2007 seeking for the setting aside of the order made in Succession Cause No. 429 of 2006 for gazettement. In making that application she has stated that she has an equal right to the petition of grant in respect of this estate. The application was opposed. The counsel for the widow in opposing the application stated that the widow and the son had a greater right to have Letters of Administration issued to them. Counsel relied on Section 35 and 39 in support of this argument. He stated that the mother of the deceased can only apply to be considered a dependant of the deceased but not to be an administrator. I have considered the application before me. In argument it became clear that the mother of the deceased in seeking to become an administrator seeks to get a share of the estate land which she alleges she is entitled to a portion of the same. Under Section 66 of the Law of Succession Act this court has absolute discretion in whom to appoint as administrator of the estate. In exercise of that discretion and having regard to the argument placed before me I am of the view that the just decision would be to appoint the wife and the mother of the deceased to be joint administrators of this estate. The order of this court is that both petitioners, that is, Peris Wairimu Kagumba and Gladys Wambui Kariamburi be gazetted as administrators of this estate. There shall be no orders as to costs in respect of the summons dated 1st November 2007.
DATED AND DELIVERED THIS 29TH DAY OF JULY 2008
MARY KASANGO
JUDGE