[2015] KEHC 31 (KLR)
The court found that the citation was procedurally defective because the citor and citee were the same person. This anomaly rendered the citation incompetent, as it is not legally tenable for an individual to cite themselves to accept or refuse letters of administration. The court therefore struck out the citation...
Source-derived case information.
- Citation
- [2015] KEHC 31 (KLR)
- Parties
- Applicant: Zainab Wamucii
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Citation Cause 538 of 2015
- Procedural Posture
- Citation / Ruling
- Outcome
- citation struck out
- Judges
- AG Ndung'u
- Legal Topics
- Probate and Administration, Letters of Administration, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Zainab Wamucii
Applicant
Procedural Posture
Citation / Ruling
Legal Issues
- 1 Whether the citation to accept or refuse letters of administration intestate is competent when the citee is the same person as the citor.
Ratio Decidendi
The court found that the citation was procedurally defective because the citor and citee were the same person. This anomaly rendered the citation incompetent, as it is not legally tenable for an individual to cite themselves to accept or refuse letters of administration. The court therefore struck out the citation for want of procedural propriety, with no orders as to costs.
Court Disposition
citation struck out
Orders
- The citation is struck out for incompetence.
- No orders as to costs.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CITATION NO.538 OF 2015
ESTATE OF HANNAH MUTHONI WAWERU - (DECEASED)
ZAINAB WAMUCII.............................................CITOR
RULING
Upon Perusal of the Citation to accept or refuse letters of administration intestate dated 26th August, 2015, I note that the Citee appears to be requiring of herself to enter appearance and accept or refuse letters of administration of all the estate that devolves to and vests in the personal representative of the deceased or show cause why the same should be granted to her. This is an anomaly that makes this citation incompetent and for the above stated reason, I strike out the same with no orders as to costs.
Dated, Signed and Delivered at Nakuru this 10th day of November, 2015.
A. K. NDUNG'U
JUDGE
10/11/2015