[2022] KEHC 10774 (KLR)
The court held that under section 76(e) of the Law of Succession Act, a grant issued to a sole administrator who subsequently dies becomes useless and inoperative, as there is no longer a grantee to administer or complete administration of the estate. The court found that the petitioner died before the grant was...
Source-derived case information.
- Citation
- [2022] KEHC 10774 (KLR)
- Parties
- Petitioner: Joseph Peter Maina; Applicant: Joseph Pius Muthusi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 591 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation and Substitution of Administrator
- Outcome
- Grant revoked and new administrator appointed.
- Judges
- AO Muchelule
- Legal Topics
- Grant Revocation, Letters of Administration, Appointment of Administrator, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Peter Maina
Petitioner
Joseph Pius Muthusi
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Revocation and Substitution of Administrator
Legal Issues
- 1 Whether the grant of letters of administration issued to the deceased petitioner should be revoked as useless and inoperative due to his death.
- 2 Whether the applicant should be appointed as the new administrator of the deceased's estate.
Ratio Decidendi
The court held that under section 76(e) of the Law of Succession Act, a grant issued to a sole administrator who subsequently dies becomes useless and inoperative, as there is no longer a grantee to administer or complete administration of the estate. The court found that the petitioner died before the grant was confirmed, rendering the grant inoperative. The application for revocation was unopposed and supported by the family. The court therefore revoked the grant issued to the deceased petitioner and appointed the applicant as the new administrator, directing him to file and serve summons for confirmation of grant within 30 days, with beneficiaries given 21 days to respond.
Court Disposition
Grant revoked and new administrator appointed.
Orders
- The grant issued to Joseph Peter Maina on 27th March 2009 is revoked.
- Joseph Pius Muthusi is appointed administrator of the estate of Faithlona Wangari Macharia.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Faithlona Wangari Macharia (Deceased) (Succession Cause 591 of 2008) [2022] KEHC 10774 (KLR) (Family) (2 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10774 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 591 of 2008
AO Muchelule, J
June 2, 2022
Between
Joseph Peter Maina
Petitioner
and
Joseph Pius Muthusi
Applicant
Ruling
1. The deceased Faithlona Wangari Macharia died intestate on 30th June 1986 in Nairobi, and left one property New Pumwani Estate Block B7-1 comprising four flats. Her husband John Baptist Njuki had predeceased her. Her two children Margaret Njoki Charles and Catherine Wamuhu Muthusi subsequently died. She was survived by grandchildren who included the petitioner Joseph Peter Maina. The grandchildren were either the children of Margaret Njoki Charles (the petitioner included) or the children of Catherine Wamuhu Muthusi (who include the applicant/objector Joseph Pius Muthusi).
2. The petitioner successfully petitioned for, and was issued with, the grant of letters of administration intestate in respect of the estate of the deceased. The grant was issued to him on 27th March 2009. He died on 28th August 1994 before the grant had been confirmed.
3. What is before the court is an application dated 19th November 2019 by the applicant seeking under section 76(e) of the Law of Succession Act (Cap. 160) and rule 44 of the Probate and Administration Rulesto have the grant revoked because it has become useless and inoperative owing to the death of the petitioner. He further asked that he be appointed the administrator of the estate in place of the petitioner. The rest of the family has supported the application.
4. Under section 76(e) of the Act, a grant issued to an administrator of the estate of a deceased may be revoked if the same has become useless and inoperative. The courts have held that where the estate had one administrator who has since died, the grant issued to him becomes useless and inoperative on account of the death. The death has left no grantee to administer the estate or to complete its administration. The decided cases of Re Estate of Mwangi Mugure alias Elieza Ngware(Deceased) [2003]eKLR and Re Estate of George Ragui Karanja(Deceased) [2016]eKLR are a guide on this point.
5. Consequently, I revoke the grant that was issued to the petitioner Joseph Peter Maina on 27th March 2009. Further I hereby appoint the applicant Joseph Pius Muthusi as the administrator of the estate of the deceased, with direction that within 30 days he files and serves to each beneficiary summons for confirmation of the grant. The beneficiaries so served shall have 21 days to respond. The summons shall be heard on 27th September 2022.
6. Costs shall be in the cause
DATED and DELIVERED at NAIROBI this 2ND day of JUNE, 2022. A.O. MUCHELULEJUDGE