[2009] KEHC 956 (KLR)
The court found that since the estate was to be administered by two administrators and the administrator proposed by the petitioner declined the appointment, fairness required that the petitioner be given the opportunity to nominate another co-administrator. The court rejected the applicant's proposal to either be...
Source-derived case information.
- Citation
- [2009] KEHC 956 (KLR)
- Parties
- Applicant: Manoa Lusala; Respondent: Phinias Ilatsia Keya; Petitioner: Yohana Keya Kikuyu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 348 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Administrator
- Outcome
- application dismissed
- Legal Topics
- Administration of Estates, Appointment of Administrator, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manoa Lusala
Applicant
Phinias Ilatsia Keya
Respondent
Yohana Keya Kikuyu
Petitioner
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Administrator
Legal Issues
- 1 Whether the applicant should be appointed as sole administrator of the estate of the late Charles Cheywe.
- 2 Whether Kefa Adagala Lugina should be appointed as co-administrator in place of Edward Shabanga.
- 3 Whether the petitioner should be allowed to propose a new co-administrator after the initial nominee declined.
Ratio Decidendi
The court found that since the estate was to be administered by two administrators and the administrator proposed by the petitioner declined the appointment, fairness required that the petitioner be given the opportunity to nominate another co-administrator. The court rejected the applicant's proposal to either be sole administrator or to appoint his own nominee as co-administrator, as this would undermine the balance intended by the court's earlier order. The court accepted the petitioner's new nominee, Seth Lubai, as co-administrator with the applicant, thereby maintaining the principle of equal representation in the administration of the estate.
Court Disposition
application dismissed
Orders
- The application dated 16th February, 2009 is dismissed.
- Edward Shabanga is replaced by Seth Lubai as co-administrator with Manoa Lusala.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA
Succession Cause 348 of 2006
IN THE MATTER OF THE ESTATE OF THE LATE CHARLES CHEYWE –
DECEASED
BETWEEN
YOHANA KEYA KIKUYU ---------------------....------------ PETITIONER
VERSUS
PHINIAS ILATSIA KEYA ------------------------------------- OBJECTOR
AND
MANOA LUSALA -------------------------------- C0-ADMINISTRATOR
RULING
In his application dated 16th February, 2009, the applicant, MANOA LUSALA seeks orders that he be appointed as the sole Administrator of the Estate of the late Charles Cheywe or that one KEFA ADAGALA LUGINA be appointed as a joint administrator in place of EDWARD SHABANGA. The application is supported by the applicant’s affidavit sworn on 16th February, 2009.
Mr. Musiega, Counsel for the applicant submitted that on 20/1/2009 the grant for the deceased’s estate was revoked by the court and the court appointed the applicant and one Edward Shabanga as Co-administrators. The name of Shabanga was proposed by the Petitioner while the applicant was proposed by the Objector. Counsel further submitted that Edward Shabanga declined to be a Co-administrator and the applicant proposed one Kefa Adagala while the Petitioner declined to propose another name after Edward Shabanga declined to be a Co-administrator. Counsel submitted that it was proper either the applicant to be a sole administrator or that the proposed person, Kefa Adagala Lugina be appointed as Co-administrator.
Mr. Nyanga for the Respondent opposed the application and submitted that the applicant scared away the proposed Co-administrator, Edward Shabanga. Counsel further submitted that the Petitioner proposed the name of SETH LUBAI to be a Co-administrator in place of Edward Shabanga but the applicant rejected the proposal.
The court directed that the deceased’s estate be administered by two administrators. Since the administrator that was proposed by the Petitioner declined the appointment, it is only fair that the Petitioner be granted the opportunity to appoint another person to be a Co-administrator with the applicant. The Petitioner is opposed to the proposed co-administrator KEFA ADAGALA LUGINAand is offering the name of SETH LUBAI.
I do hereby order that the name of EDWARD SHIBANGA shall be replaced by that of SETH LUBAI who shall be a co-administrator with MANOA LUSALA, the applicant herein. The application dated 16th February, 2009 is dismissed. Each party shall bare its own costs. The two administrators should proceed and comply with the orders made by this court on 20/1/2009 relating to the gathering of the deceased’s estate and application for Confirmation of the Grant.
Delivered, dated and signed at Kakamega this 17th day of September, 2009.
S. J. CHITEMBWE
J U D G E