[2025] KEHC 456 (KLR)
The court held that Section 81 of the Law of Succession Act is clear that upon the death of one of several administrators, all powers and duties vest in the survivor. Since Alice Wanjiku Lengete, the co-administrator, had died, the applicant, Susan Sein Mepukori, as the surviving administrator, was entitled to be...
Source-derived case information.
- Citation
- [2025] KEHC 456 (KLR)
- Parties
- Applicant: Susan Sein Mepukori; Respondent: Alice Wanjiku Lengete
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3662 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Sole Administrator
- Outcome
- Application allowed. Applicant appointed sole administrator.
- Judges
- EKO Ogola
- Legal Topics
- Succession Administration, Grant of Letters of Administration, Death of Co Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Sein Mepukori
Applicant
Alice Wanjiku Lengete
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Sole Administrator
Legal Issues
- 1 Whether the applicant should be appointed as the sole administrator of the estate following the death of the co-administrator.
- 2 Whether Section 81 of the Law of Succession Act vests all powers and duties in the surviving administrator.
Ratio Decidendi
The court held that Section 81 of the Law of Succession Act is clear that upon the death of one of several administrators, all powers and duties vest in the survivor. Since Alice Wanjiku Lengete, the co-administrator, had died, the applicant, Susan Sein Mepukori, as the surviving administrator, was entitled to be issued with fresh Letters of Administration as the sole administrator of the estate of the deceased. There was no evidence of any continuing trust or objection, and the application was unopposed. The court therefore ordered that fresh Letters of Administration be issued to the applicant as sole administrator.
Court Disposition
Application allowed. Applicant appointed sole administrator.
Orders
- Fresh Letters of Administration to issue to Susan Sein Mepukori as sole administrator of the estate of Geoffrey Mepukori Parpai.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Geoffrey Mepukori Parpai (Deceased) (Succession Cause 3662 of 2003) [2025] KEHC 456 (KLR) (Family) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 456 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 3662 of 2003
EKO Ogola, J
January 28, 2025
IN THE MATTER OF THE ESTATE OF GEOFFREY MEPUKORI PARPAI (DECEASED)
In the matter of
Susan Sein Mepukori
Applicant
Ruling
1. The Summons before this court is dated 20th March 2024. The applicant prays to be appointed as the sole administrator of the estate of the deceased.
2. The deceased died on 5th August 2003. The applicant and Alice Wanjiku Lengete were appointed as administrators of the deceased estate. Alice Wanjiku Lengete died on 15th November 2012. For these reasons, the applicant prays to be appointed as the sole administrator of the estate.
3. Section 81 of the Law of Succession Act provides that the powers and duties of personal representatives vest in the survivor upon the death of one of the co-administrators. The said Section provides that:-“Upon the death of one or more of several executors or administrators to whom a grant of representation has been made, all the powers and duties of the executors or administrators shall become vested in the survivor or survivors of them:Provided that, where there has been a grant of letters of administration which involve any continuing trust, a sole surviving administrator who is not a trust corporation shall have no power to do any act or thing in respect of such trust until the court has made a further grant to one or more persons jointly with him."
4. From the foregoing, I order that fresh Letters of Administration be issued to Susan Sein Mepukori as the sole administrator of the estate of the late Geoffrey Mepukori Parpai.Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF JANUARY 2025E.K. OGOLAJUDGEIn the presence of:Mr. Nyarigi for the ApplicantGisiele Muthoni Court Assistant