[2014] KEHC 3522 (KLR)
The court found that the applicant, being the daughter of the deceased administratrix and with the consent of other beneficiaries, is a suitable person to be substituted as administratrix of the estate. The death of the previous administratrix was established by a death certificate. There was no opposition to the...
Source-derived case information.
- Citation
- [2014] KEHC 3522 (KLR)
- Parties
- Applicant: Ziborah Ndungwa Makau; Respondent: Esther Kalekye Kyengo (deceased)
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1103 of 2012
- Procedural Posture
- Succession Cause / Ruling on Substitution of Administrator
- Outcome
- Application allowed. Applicant substituted as administratrix of the estate.
- Judges
- LN Mutende
- Legal Topics
- Succession, Administrator Substitution, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ziborah Ndungwa Makau
Applicant
Esther Kalekye Kyengo (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution of Administrator
Legal Issues
- 1 Whether the applicant should be substituted as administratrix of the estate in place of the deceased administrator.
- 2 Whether the applicant is a suitable person to administer the estate.
Ratio Decidendi
The court found that the applicant, being the daughter of the deceased administratrix and with the consent of other beneficiaries, is a suitable person to be substituted as administratrix of the estate. The death of the previous administratrix was established by a death certificate. There was no opposition to the application, and all procedural requirements were met. Therefore, the application for substitution was allowed as prayed.
Court Disposition
Application allowed. Applicant substituted as administratrix of the estate.
Orders
- The applicant, Ziborah Ndungwa Makau, is hereby substituted as administratrix of the estate of Dishon Kyengo Musyimi alias Kyengo Musyimi in place of the late Esther Kalekye Kyengo.
Full Case Text
Judgment text and source record
17 paragraphs
No .340/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 1103 OF 2012
IN THE MATTER OF THE ESTATE OF DISHON KYENGO MUSYIMI ALIAS KYENGO MUSYIMI (DECEASED)
ZIBORAH NDUNGWA MAKAU…………………………………..……..APPLICANT
RULING
By an application dated 28th March, 2014, the applicant seeks to substitute Esther Kalekye Kyengo(deceased) as an administratix of the estate of Dishon Kyengo MusyimialiasKyengo Musyimi.
The application is premised on grounds that Esther Kelekye Kyengois now deceased. The applicant being her daughter is better placed to administer her estate.
It is also supported by an affidavit deponed by the applicant who reiterates what is stated in the body of the application and grounds relied upon.
Other beneficiaries of the estate of the deceased who were in attendance consented to the order.
Evidence of demise of the deceased (Esther) is established by a death certificate No. 0100748. She died on the 31st December, 2013 at Kasarani.
In the premises, I do allow the application as prayed.
It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this 4THday of JULY 2014.
L.N. MUTENDE
JUDGE