[2022] KEHC 14552 (KLR)
The court found that the advanced age and frequent sickness of the current administrators had resulted in delays in prosecuting a pending case on behalf of the estate. Although no documentary evidence of the pending suit was provided, the court was persuaded that the administrators' incapacity warranted the addition...
Source-derived case information.
- Citation
- [2022] KEHC 14552 (KLR)
- Parties
- Applicant: Francis Salim Mwakoi; Applicant: Nakio Regina; Applicant: Lucas Salim
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 159 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Addition of Administrator
- Outcome
- Application allowed. Fresh grant of letters of administration to issue including the applicant as third administrator.
- Judges
- JN Onyiego
- Legal Topics
- Succession, Letters of Administration, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Salim Mwakoi
Applicant
Nakio Regina
Applicant
Lucas Salim
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Addition of Administrator
Legal Issues
- 1 Whether the advanced age and sickness of the current administrators justify the addition of a new administrator to the estate.
- 2 Whether the applicant, Lucas Salim, should be added as an administrator to facilitate effective representation of the estate.
Ratio Decidendi
The court found that the advanced age and frequent sickness of the current administrators had resulted in delays in prosecuting a pending case on behalf of the estate. Although no documentary evidence of the pending suit was provided, the court was persuaded that the administrators' incapacity warranted the addition of a new administrator. In the interest of justice and to ensure effective representation of the estate, the court allowed the application and ordered that a fresh grant of letters of administration be issued to include the applicant as a third administrator.
Court Disposition
Application allowed. Fresh grant of letters of administration to issue including the applicant as third administrator.
Orders
- A fresh grant of letters of administration to issue in the names of Francis Salim Mwakoi, Nakio Regina, and Lucas Salim as joint administrators.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Elizabeth Mkiwa Salim (Deceased) (Succession Cause 159 of 2013) [2022] KEHC 14552 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14552 (KLR)
Republic of Kenya
In the High Court at Mombasa
Succession Cause 159 of 2013
JN Onyiego, J
October 7, 2022
IN THE MATTER OF THE ESTATE OF ELIZABETH MKIWA SALIM (DECEASED)
Ruling
1. The deceased herein died intestate on 26th January, 2013 through a Road Traffic Accident. He was survived by;a.Francis Salim-fatherb.Nakio Regina -motherc.Lucas Mwakoi-brotherd.Alex Salim-sone.Juliet - daughterf.Rodgers Msafari - uncle
2. On 22nd July 2013, Francis Salim Mwakoi and Nakio Regina petitioned for a limited grant of letters of administration ad litem for purposes of filing and or defending a suit in respect of the estate. The same was issued on 14th August, 2013 to the appicants jointly.
3. Since then, no action was taken to petition for a full grant. Subsequently, on 2nd February 2022, one Lucas Salim filed summons for addition as an administrator on top of Francis Mwakoi and Nakio Regina who have been described as aged 84 and 76 respectively hence unable to represent the estate effectively.
4. The application is based on the grounds stated on the face of it and an affidavit in support sworn by the applicant on 18th January, 2021. He averred that case No SRM CCNo.205/2013 has been adjourned severally owing to the sickness and old age of the administrators. He therefore prayed that his name be added as an additional administrator.
5. I have considered the application herein, supporting affidavit and the annexures thereof .The major ground upon which the application herein is anchored is the advanced age of the administrators stated to be 76 years to 84 years respectively . The second ground is that of the administrators’ frequent sickness hence delaying the hearing of a pending case filed by the estate. Although no copy of the plaint or pleadings in respect of the alleged suit was attached, I am persuaded that the administrators being of advanced age may be having a challenge in prosecuting the case. I will therefore give a benefit of doubt and grant the application in the interest of justice.
6. Accordingly, the application herein is allowed and a fresh grant of letters of administration to issue in the name of the current administrators plus the applicant as the 3rd administrator.
DATED SIGNED AND DELIVERED AT MOMBASA THIS 7TH DAY OF OCTOBER, 2022. .........................J. N. ONYIEGOJUDGE