[2021] KEHC 7176 (KLR)
The court found that the applicants had complied with the previous order by providing a letter from the Chief confirming the deceased's survivors. As there was no evidence of other survivors or creditors at this stage, the court ordered that a grant of letters of administration intestate be issued to the applicants....
Source-derived case information.
- Citation
- [2021] KEHC 7176 (KLR)
- Parties
- Applicant: Phylice Viregwa Akeno; Applicant: Milton Musinga Akenu; Respondent: Estate of Aija Paul Odari (Deceased)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1515 of 2018
- Procedural Posture
- Succession Cause / Ruling on Issuance of Grant of Letters of Administration Intestate
- Outcome
- Grant of letters of administration intestate issued to applicants; file returned for compliance with court order.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Letters of Administration, Grant Confirmation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phylice Viregwa Akeno
Applicant
Milton Musinga Akenu
Applicant
Estate of Aija Paul Odari (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Issuance of Grant of Letters of Administration Intestate
Legal Issues
- 1 Whether the requirements for issuance of a grant of letters of administration intestate have been met.
- 2 Whether there are outstanding issues regarding other survivors or creditors of the estate that need to be addressed at confirmation of the grant.
Ratio Decidendi
The court found that the applicants had complied with the previous order by providing a letter from the Chief confirming the deceased's survivors. As there was no evidence of other survivors or creditors at this stage, the court ordered that a grant of letters of administration intestate be issued to the applicants. Any outstanding issues regarding additional survivors or creditors are to be addressed at the confirmation of the grant, in accordance with the Law of Succession Act and the Probate and Administration Rules.
Court Disposition
Grant of letters of administration intestate issued to applicants; file returned for compliance with court order.
Orders
- A grant of letters of administration intestate shall issue in the names of Phylice Viregwa Akeno and Milton Musinga Akenu.
- Any outstanding issues regarding other survivors or creditors to be addressed at confirmation of the grant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT
AT KAKAMEGA
SUCCESSION CAUSE NO. 1515 OF 2018
IN THE MATTER OF THE ESTATE OF AIJA PAUL ODARI (DECEASED)
RULING
1. This matter was initially a High Court matter, being HCSC No. 365A of 2016, before it was transferred to the Chief Magistrate’s court. The cause was gazetted in the Kenya Gazetteof 17th March 2017, but the grant was not processed, as Njagi J required, by an order made on 23rd March 2018, that a fresh letter from the Chief, of the Location where the deceased hailed from, be issued to clarify certain matters.
2. The file has been placed before me vide an order by Hon. H. Wandere, Senior Principal Magistrate, of 28th October 2020, for compliance and further directions with respect to the order of 23rd March 2018.
3. The order of 23rd March 2018 has been complied with. There is a letter on record, from the Chief of Bukhungu Location, dated 28th October 2020, which indicates that the deceased was survived by a widow, a son and an interested party. In view of that, let a grant of letters of administration intestate issue out of this cause, Kakamega CMCSC No. 1515 of 2018, in the names of Phylice Viregwa Akeno and Milton Musinga Akenu.
4. Should there be outstanding issues, as to whether there were other survivors of the deceased or creditors of the estate, let those be addressed at confirmation of the grant, by dint of the proviso to section 71(2) of the Law of Succession Act, Cap 160, Laws of Kenya, and rule 40(4) of the Probate and Administration Rules.
5. Let the file be returned to the Chief Magistrate’s court for compliance with the order made or the directions given in paragraph 3 here above. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 7TH DAY OF MAY 2021
W MUSYOKA
JUDGE