[2019] KEHC 10406 (KLR)
The court found that the administrators failed to comply with multiple court orders requiring them to apply for confirmation of grant and render accounts of the estate. Their continued inaction rendered the grant inoperative, and the estate was at risk of waste. The court held that, pursuant to Section 66 of the Law...
Source-derived case information.
- Citation
- [2019] KEHC 10406 (KLR)
- Parties
- Applicant: Pauline Anna Benadette A; Respondent: Augostin Ogutu; Respondent: Eric Ogutu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 928 of 2000
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant and Appointment of New Administrator
- Outcome
- Grant revoked and Public Trustee appointed as administrator.
- Legal Topics
- Succession, Grant Revocation, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Anna Benadette A
Applicant
Augostin Ogutu
Respondent
Eric Ogutu
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation of Grant and Appointment of New Administrator
Legal Issues
- 1 Whether the administrators failed to apply for confirmation of grant and render accounts as directed by the court.
- 2 Whether the grant of letters of administration should be revoked due to non-compliance and inoperativeness.
- 3 Whether a new administrator should be appointed to safeguard and distribute the estate.
Ratio Decidendi
The court found that the administrators failed to comply with multiple court orders requiring them to apply for confirmation of grant and render accounts of the estate. Their continued inaction rendered the grant inoperative, and the estate was at risk of waste. The court held that, pursuant to Section 66 of the Law of Succession Act, it was necessary to revoke the grant and appoint the Public Trustee as administrator to safeguard the estate and ensure its distribution to the beneficiaries. The court exercised its discretion to protect the interests of all concerned parties and directed the Public Trustee to apply for confirmation of grant and distribute the estate within specified...
Court Disposition
Grant revoked and Public Trustee appointed as administrator.
Orders
- A fresh grant of letters of administration to issue to the Public Trustee.
- The Public Trustee to apply for confirmation of grant within 45 days of the order.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 928 OF 2000
IN THE MATTER OF THE ESTATE OF BENEDICT ONYANGO OGUTU - DECEASED
PAULINE ANNA BENADETTE A................................APPLICANT/ADMINISTRATOR
VERSUS
AUGOSTIN OGUTU.............................................1ST DEFENDANT/ADMINISTRATOR
ERIC OGUTU ..............................................................2ND DEFENDANT/BENEFICIARY
RULING
1. The Court directed that administrators of the Estate herein to file for confirmation of the grant within 90 days from the date of the order 5. 10. 2018 in default of which the grant made to them shall stand automatically revoked.
2. The three administrators were also directed to render accounts either jointly or severally of the administration of the Estate for the duration they have been administrators covering an inventory of the assets, the rents collected and the expenditures incurred among others
3. Upon perusing this file I find that the initial grant of Letters which was issued to Wilkister Adhiambo Onyango and Augustine Ogutu Onyango on 18/7/2000 was revoked on 23. 5.2014 and fresh one issued to Wilkister Adhiambo Onyango and Augustine Ogutu Onyango (the current three administrators)
4. The three administrators were directed to apply for fresh confirmation of grant and to include assets which had been left out in the initial grant.
5. Despite several orders of the Court the Estate has not been distributed as the administrators have failed to apply for confirmation and they have also failed to produce in court inventory or accounts as directed.
6. The Administrators are not able to administer this estate and the grant has become in-operative and in any case, after the expiry of 90 days on 5th January 2019 from the date the directive was issued by the Court on 5. 10. 2018, the grant herein was automatically revoked.
7. The Estate has continued to waste and it is the duty of this Court to exercise its discretion to appoint an administrator as provided under Section 66 of the Law of Succession Act.
8. The grant which was automatically revoked had been made to the surviving spouse with two of the beneficiaries but they have been unable to administer the estate as they are involved in wrangles.
9. The other beneficiaries do not seem to show any interest in the administration of the estate and the next in order of preference is the Public trustee.
10. I therefore find that it is in the best interest of all concerned that the administration of this estate be taken over by the Public Trustee to Salvage the estate and oversee the distribution of the same to all the beneficiaries.
11. I accordingly direct that a fresh grant do issue to the Public Trustee since the grant which was issued was automatically revoked at the expiry of 90 days from the date of issue for failure by the Administrators to apply for confirmation.
12. The Public Trustee is directed to apply for confirmation of grant within 45 days of this date and to proceed to distribute the estate to the beneficiaries within 6 months from the date of the confirmation of grant.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 1ST DAY OF FEBRUARY, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI