[2014] KEHC 7269 (KLR)
The court found that the existence of two separate grants in respect of the same estate was untenable and likely to cause confusion and disputes among the beneficiaries. Both Peter Ndungu Mburu and Grace Nyakio Waiganjo have legitimate interests in the estate, as a brother and widow of the deceased respectively. The...
Source-derived case information.
- Citation
- [2014] KEHC 7269 (KLR)
- Parties
- Applicant: Peter Ndungu Mburu; Respondent: Grace Nyakio Waiganjo; Respondent: Mary Muchiku Muroki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3664 of 2004
- Procedural Posture
- Succession Cause / Ruling on Revocation and Appointment of Administrators
- Outcome
- Grants in both causes revoked; new administrators appointed; certificate of confirmation cancelled; fresh application for confirmation of grant ordered.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Revocation of Grant, Appointment of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ndungu Mburu
Applicant
Grace Nyakio Waiganjo
Respondent
Mary Muchiku Muroki
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation and Appointment of Administrators
Legal Issues
- 1 Whether the grants issued in the two consolidated succession causes should be revoked.
- 2 Whether new administrators should be appointed for the estate of George Waiganjo Mburu.
Ratio Decidendi
The court found that the existence of two separate grants in respect of the same estate was untenable and likely to cause confusion and disputes among the beneficiaries. Both Peter Ndungu Mburu and Grace Nyakio Waiganjo have legitimate interests in the estate, as a brother and widow of the deceased respectively. The court exercised its discretion to revoke both grants and appoint both individuals as joint administrators to ensure proper and equitable administration of the estate. The certificate of confirmation of grant previously issued was cancelled, and the new administrators were directed to apply for confirmation of grant within 45 days.
Court Disposition
Grants in both causes revoked; new administrators appointed; certificate of confirmation cancelled; fresh application for confirmation of grant ordered.
Orders
- The grant made in High Court Succession Cause No. 3664 of 2004 is revoked.
- The grant made in High Court Succession Cause No. 5 of 2007 is revoked.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 3664 OF 2004
IN THE MATTER OF THE ESTATE OF GEORGE WAIGANJO MBURU –(DECEASED)
RULING
1. George Waiganjo Mburu died on 20th December 1999. Two causes were opened in respect of his estate beingHCSC No. 3664 of 2004 and High Court Succession Cause No. 5 of 2007. Grant was made inHigh Court Succession Cause No. 3664 of 2004to Peter Ndungu Mburu, while inHigh Court Succession Cause No. 5 of 2007 it was made to Grace Nyakio Nduma and Mary Muchiku Muroki. The grant in High Court Succession Cause No. 3664 of 2004 has been confirmed, but not that in High Court Succession CauseNo. 5 of 2005.
2. Both causes were consolidated by consent on 1st December 2008.
3. When the matter was placed before me on 21st August 2013 for directions, it was proposed that the two grants be revoked and a fresh one made to both the current administrators.
4. Peter Ndungu Mburu, the administrator in High Court Succession Cause No. 3664 of 2004, is a brother of the deceased. The letter from the Chief of Karai Location dated 7th October 1993 reveals that the deceased was registered as owner of the only estate property, Karai/Gikambura/677, on his own behalf and on behalf of Peter Ndungu Mburu.
5. Grace Nyakio Waiganjo, the first administrator in High Court Succession Cause No. 5 of 2007, is a widow of the deceased and sister-in-law of Peter Ndungu Mburu. Both have a stake in the estate of the deceased.
6. It is only prudent, that the grants made in both causes be revoked. I hereby do revoke the grant made in High Court Succession Cause No. 3664of 2004and that made in High Court Succession Cause No. 5of2007. I appoint Peter Ndungu Mburu and Grace Nyakio Waiganjo administrators of the estate of the deceased. The grant shall be made out of High Court Succession Cause No. 3664 of 2004. The certificate of confirmation of grant dated 20th November 2006 is hereby cancelled. The new administrators shall make a fresh application for confirmation of grant within 45 days. The matter shall mentioned after 45 days for compliance.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE