[2025] KEHC 2757 (KLR)
The court held that since the 1st Respondent (administrator) is deceased and the sole property of the estate has already been transferred to the 2nd Respondent, the grant is revoked by operation of law and there is nothing left to revoke. Section 93 of the Law of Succession Act applies, and the estate is concluded....
Source-derived case information.
- Citation
- [2025] KEHC 2757 (KLR)
- Parties
- Applicant: George Maina Muraguri; Respondent: Mumbi Muraguri; Respondent: Ephraim Muriuki Njogu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 540 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application to Revoke Grant
- Outcome
- application struck out
- Judges
- DKN Magare
- Legal Topics
- Revocation of Grant, Finality of Administration, Section 93 Law of Succession, Administrator Deceased, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Maina Muraguri
Applicant
Mumbi Muraguri
Respondent
Ephraim Muriuki Njogu
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Revoke Grant
Legal Issues
- 1 Whether the grant issued to the 1st Respondent can be revoked after her death and after the estate has been fully administered.
- 2 Whether any proceedings can be maintained in the absence of an administrator.
- 3 Whether the application for revocation serves any purpose where the estate is concluded.
Ratio Decidendi
The court held that since the 1st Respondent (administrator) is deceased and the sole property of the estate has already been transferred to the 2nd Respondent, the grant is revoked by operation of law and there is nothing left to revoke. Section 93 of the Law of Succession Act applies, and the estate is concluded. Without an administrator, no further proceedings can be maintained. The application for revocation is therefore struck out as it serves no practical purpose. Each party is to bear their own costs.
Court Disposition
application struck out
Orders
- The application dated 30/9/2015 is struck out.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Charles Muraguri Njogu (Deceased) (Succession Cause 540 of 2010) [2025] KEHC 2757 (KLR) (6 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2757 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 540 of 2010
DKN Magare, J
March 6, 2025
Between
George Maina Muraguri
Applicant
and
Mumbi Muraguri
1st Respondent
Ephraim Muriuki Njogu
2nd Respondent
Ruling
1. The application filed herein seeks to revoke the grant issued to the 1st Respondent. It is dated 30/9/2015. The 1st Respondent is since deceased. The grant became revoked by operation of the law. There is nothing remaining to revoke.
2. Secondly, having transferred the sole property to 2nd Respondent, Section 93 of the Law of Succession Act sets in.
3. Thirdly, having concluded the estate before his death, there is nothing the parties can administer. Their claim lies elsewhere. This court is alive and bound by the decision of the Court of Appeal in Mary Wambui Kibunja v Peter Kariuki & Another. The estate is concluded. The revocation will serve no purpose at all. Further, without an administrator, no proceedings can be maintained herein. In this respect I am persuaded by the decision of Mohamed J, as he then was in the Estate of Kangethe Mwega [2007] eKLR.
4. The only option available is to strike out the said application dated 30/9/2015, which I hereby do. On costs, I shall use the words of Justice Ibrahim in the case of Kang’ethe (supra). The parties will have comfort in being released from these proceedings where they should never have been joined or orders issued against them.
5. Each party shall therefore bear their own costs.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 6TH DAY OF MARCH, 2025. Ruling delivered through Microsoft Teams Online Platform.KIZITO MAGAREJUDGEIn the presence of: -Ms. Ndirangu for the ApplicantMr. Wahome Gikonyo for the 2nd RespondentCourt Assistant – MichaelM. D. KIZITO, J.