[2024] KEHC 3348 (KLR)
The court found that the majority of the beneficiaries from the second house, including the widow, supported the nomination of George Lusweti Namukana as administrator. The court held that previous objections by a nominee do not disqualify them from appointment if the house consents and no prejudice is demonstrated....
Source-derived case information.
- Citation
- [2024] KEHC 3348 (KLR)
- Parties
- Deceased: Alfred Nasongo Namukana; Objector: George Lusweti Namukana; Applicant: Patrick Nasongo Namukana; Applicant: Benson Simiyu Namukana
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 133 of 2013
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators
- Outcome
- Three nominees from each house appointed as administrators; fresh grant issued.
- Judges
- DK Kemei
- Legal Topics
- Administration of Estates, Appointment of Administrators, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Nasongo Namukana
Deceased
George Lusweti Namukana
Objector
Patrick Nasongo Namukana
Applicant
Benson Simiyu Namukana
Applicant
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators
Legal Issues
- 1 Whether the nominee from the second house, George Lusweti Namukana, should be appointed as an administrator despite previous objections.
- 2 Whether the process of nominating administrators from each house was properly followed and consented to by the beneficiaries.
Ratio Decidendi
The court found that the majority of the beneficiaries from the second house, including the widow, supported the nomination of George Lusweti Namukana as administrator. The court held that previous objections by a nominee do not disqualify them from appointment if the house consents and no prejudice is demonstrated. The process of nomination was deemed proper as the family members confirmed their support in open court. The court emphasized the need to expedite the administration of the estate, which had been delayed due to the absence of administrators, and accepted the three nominees from each house as administrators. The court directed that a fresh grant be issued in their names and...
Court Disposition
Three nominees from each house appointed as administrators; fresh grant issued.
Orders
- A fresh grant is issued in the names of Patrick Nasongo Namukana, George Lusweti Namukana, and Benson Simiyu Namukana.
- The appointed administrators are to file summons for confirmation of grant within thirty (30) days.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Alfred Namukana Nasong;'o (Deceased) (Succession Cause 133 of 2013) [2024] KEHC 3348 (KLR) (19 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3348 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 133 of 2013
DK Kemei, J
March 19, 2024
In the matter of
Alfred Nasongo Namukana
Petitioner
and
George Lusweti Namukana
Objector
Ruling
1. I have considered the sentiments of the parties herein regarding the proposed names of representatives of the three houses of the deceased who are to be appointed as administrators indeed pursuant to the Judgement dated December 19, 2023, each house was to present one name as demonstrator already the 1st and 3rd houses have availed their representatives leaving out the 2nd house. Apparently, there seems to be a disagreement within the second house. The opposition sterns from the fear that George Lusweti Namukana who had been an objector and who hails from the second house is likely to polarize matters and rock the boat from within. It is evident that the said representative from the second house has been fronted by a majority of the beneficiaries from that house including the widow. Even though there were claims that those who purported to have supported him were not present in a family meeting and that the signatures on the consent selecting the proposed administrator. This allegation was disabused when the family members from the said 2nd house turned up in court and okayed the selection of George Lusweti Namukana. The family members from the 2nd house appear to oppose the proposal that the deceased petitioner’s wife Catherine Namisi Namukana be appointed to take the place of her deceased husband. Looking at the rival sentiments, it is clear that the 2nd house has made it’s decision and choice of proposed administrator. Amajority of the members of that house have proposed George Lusweti Namukana to be one of the Administrators.
2. Even if the said nominee had been an objector herein I do not see any prejudice suffered by the parties herein since all the administrators have an obligation to work in union in the administration of the estate. The fact that the objector had been an objector, that in itself is no bar to his being nominated from his house as an administrator as long as the said house has no problem with him. There is need to fast track this matter as further delay will prejudice the estate which is currently without administrators.
3. Consequently, and in line with the Orders of this court dated December 19, 2023 the three names proposed by the three houses of the deceased are hereby accepted and that a fresh grant is hereby issued in the names of Patrick Nasongo Namukana, George Lusweti Namukana And Benson Simiyu Namukana who are hereby directed to file summons for confirmation of grant within thirty ( 30) days.Mention on April 22, 2024 to confirm compliance and for further orders.
RULING DATED AND DELIVERED AT BUNGOMA OPEN COURT ON 19THDAY OF MARCH, 2024. D K KEMEIJUDGE19. 3. 2024In the presence of :-Natwati For ObjectorNo Appearance Kundu For PetitionersKizito Court Assistant