[2024] KEHC 5585 (KLR)
The court found that the death of Virginia Wangechi Gitau, one of the joint administrators, rendered the existing grant of letters of administration inoperative. Pursuant to Section 76E of the Law of Succession Act, the court has the authority to revoke such a grant and issue a fresh one to enable the continued...
Source-derived case information.
- Citation
- [2024] KEHC 5585 (KLR)
- Parties
- Applicant: Wathika Kamau; Applicant: Margaret Wanjiku Kihoi; Applicant: Virginia Wangechi Gitau
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 30 of 2016
- Procedural Posture
- Succession Cause / Ruling on Application to Revoke and Reissue Grant of Letters of Administration
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Succession of Estates, Revocation of Grant, Appointment of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wathika Kamau
Applicant
Margaret Wanjiku Kihoi
Applicant
Virginia Wangechi Gitau
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Revoke and Reissue Grant of Letters of Administration
Legal Issues
- 1 Whether the death of one of the joint administrators renders the grant of letters of administration inoperative.
- 2 Whether the court should revoke the existing grant and issue a fresh grant to the surviving administrators.
Ratio Decidendi
The court found that the death of Virginia Wangechi Gitau, one of the joint administrators, rendered the existing grant of letters of administration inoperative. Pursuant to Section 76E of the Law of Succession Act, the court has the authority to revoke such a grant and issue a fresh one to enable the continued administration of the estate. The court was satisfied with the evidence provided, including the death certificate and consent letter, and allowed the application to revoke the grant dated 28th February, 2017, directing that a fresh grant be issued in the names of the surviving administrators, Wathika Kamau and Margaret Wanjiku Kihoi.
Court Disposition
application allowed
Orders
- The grant of letters of administration dated 28th February, 2017 is revoked.
- A fresh grant shall be issued in the names of Wathika Kamau and Margaret Wanjiku Kihoi as joint administrators.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Gitau Wathika (Deceased) (Succession Cause 30 of 2016) [2024] KEHC 5585 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5585 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause 30 of 2016
A Mshila, J
May 7, 2024
IN THE MATTER OF THE ESTATE OF GITAU WATHIKA (DECEASED
Ruling
1. The application is dated 23rd February, 2024 and is premised under the provisions of Section 79 of the Law of Succession Act.
2. The Grant of Letters of Administration was granted to Virginia Wangechi Gitau, Wathika Kamau And Margaret Wanjiku Kihoi as joint administrators to the estate of Gitau Wathika.
3. Unfortunately, Virginia Wangechi passed on the 14th August, 2022. Pursuant to her demise the Grant has become in-operational hence the instant application.
4. The application is supported by the supporting affidavit of Wathika Kamau And Margaret Wanjiku Kihoi and the grounds on the face of the application the Death Certificate and Consent letter dated 23rd February, 2024.
5. The applicable law is found at Section 76E of the Law of Succession Act which grants the court powers to remove the name of the deceased administrator by revoking the Grant and to direct the issuance of a fresh Grant.
6. From the material placed before this Court, it is satisfied that the application is merited so as to enable the continued administration of matters pertaining to the estate.
7. In the light of the above, the application is hereby allowed. The Grant dated 28th February, 2017 is hereby revoked and a fresh Grant be issued in the names of Wathika Kamau And Margaret Wanjiku Kihoi as joint administrators.Orders accordingly.
DATED, SIGNED and DELIVERED via TEAMS at KIAMBU this 7th day of MAY, 2024. A. MSHILAJUDGEIn the presence ofMourice – Court AssistantMr. Nganga – for Applicant2