[2010] KEHC 1515 (KLR)
The court found that the citee, as the sole surviving brother of the deceased, is the person entitled to a grant of letters of administration for the estate of Barrack Odhiambo Otieno. However, he has deliberately delayed or declined to take the grant and has not renounced his right. Since he failed to show adequate...
Source-derived case information.
- Citation
- [2010] KEHC 1515 (KLR)
- Parties
- Applicant: Ludia Adoyo Muga; Respondent: Gordon Sambuka Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 757 of 2009
- Procedural Posture
- Succession Cause / Ruling on Citation for Grant of Letters of Administration
- Outcome
- Citation allowed; citee ordered to take grant within 30 days or citor at liberty to apply.
- Judges
- J Karanja
- Legal Topics
- Grant of Letters of Administration, Citation Procedure, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ludia Adoyo Muga
Applicant
Gordon Sambuka Otieno
Respondent
Procedural Posture
Succession Cause / Ruling on Citation for Grant of Letters of Administration
Legal Issues
- 1 Whether the citee, as the sole surviving brother of the deceased, is entitled and obligated to take out letters of administration for the estate.
- 2 Whether the citor is entitled to seek the grant of letters of administration in default of the citee's action.
Ratio Decidendi
The court found that the citee, as the sole surviving brother of the deceased, is the person entitled to a grant of letters of administration for the estate of Barrack Odhiambo Otieno. However, he has deliberately delayed or declined to take the grant and has not renounced his right. Since he failed to show adequate cause for his inaction, the court ordered that he must take the grant within 30 days, failing which the citor will be at liberty to apply for the grant herself. The decision ensures that the administration of the estate is not frustrated by the inaction of the person entitled in priority, and that the interests of third parties, such as the citor who purchased property from...
Court Disposition
Citation allowed; citee ordered to take grant within 30 days or citor at liberty to apply.
Orders
- The citee, Gordon Sambuka Otieno, shall take the grant of letters of administration respecting the estate of Barrack Odhiambo Otieno within 30 days from the date of this ruling.
- In default, the citor, Ludia Adoyo Muga, will be at liberty to take the grant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU
Succession Cause 757 of 2009
IN THE MATTER OF THE ESTATE OF:
BARRACK ODHIAMBO OTIENO………………..….….….........DECEASED
AND
IN THE MATTER OF AN APPLICATION BY:
LUDIA ADOYO MUGA……………………………...........................…CITOR
R U L I N G
The citation was taken out by the applicant (citor) Luadia Adoyo Muga against the respondent (citee) Gordon Sambuka Otieno requiring him to accept or refuse letters of administration of all the estate which by law devolves to and rests in the personal representative of the deceased Barrack Odhiambo Otieno or show cause why the same should not be granted to the citor.
It is the citor’s contention that she purchased land parcel No. Kisumu/Manyatta “B”/1485 measuring 0. 01 hectares registered in the name of the deceased but the citee who is the sole surviving brother to the deceased has refused and/or neglected to take out letters of administration to enable the transfer of the property to the citor.
The citee was served with a hearing notice but failed to turn up on the 22nd September 2010. However, a replying affidavit dated 24th December 2009 was filed on 4th January 2010 but is addresses mostly issues which are irrelevant to the present application.
It is quite evident that the citee is the person with an entitlement to a grant of the letters of administration respecting the estate of his late brother.
It is also apparent that he has delayed deliberately and/or declined to take the grant and has not renounced his right to the grant. Since he has failed to show adequate or any cause why the grant should not be taken by the citor, it is now ordered that within the next 30 days from this date he (citee) takes the grant respecting the estate of his late brother Barrack Odhiambo Otieno. In default the citor will be at liberty to take the grant.
Ordered accordingly.
Delivered, dated and Signed at Kisumu this 1st day of October 2010.
J.R. KARANJA
JUDGE
JRK/va