[2024] KEHC 2145 (KLR)
The court found that the petition for letters of administration intestate was filed beyond the 60-day period granted by the court without any leave for extension. As a result, the petition was incompetent ab initio and liable to be struck out. Furthermore, no grant of letters of administration had been issued, and...
Source-derived case information.
- Citation
- [2024] KEHC 2145 (KLR)
- Parties
- Applicant: Wilson Ndolo Ayah
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 820 of 2015
- Procedural Posture
- Succession Cause / Ruling on Competence of Petition
- Outcome
- petition struck out and file closed
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Letters of Administration, Limitation Periods, Striking Out Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Ndolo Ayah
Applicant
Procedural Posture
Succession Cause / Ruling on Competence of Petition
Legal Issues
- 1 Whether the petition for letters of administration intestate was filed within the time allowed by the court.
- 2 Whether the petition filed out of time without leave is competent.
- 3 Whether the petition should be struck out for being filed out of time.
Ratio Decidendi
The court found that the petition for letters of administration intestate was filed beyond the 60-day period granted by the court without any leave for extension. As a result, the petition was incompetent ab initio and liable to be struck out. Furthermore, no grant of letters of administration had been issued, and the petitioner himself was deceased with no substitution having taken place. The court therefore struck out the petition and ordered the file closed, emphasizing the necessity of compliance with court-ordered timelines in succession proceedings.
Court Disposition
petition struck out and file closed
Orders
- The petition filed on 30th July 2015 is struck out for being incompetently filed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Hellen Adhiambo Masime (Deceased) (Succession Cause 820 of 2015) [2024] KEHC 2145 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2145 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 820 of 2015
RE Aburili, J
March 4, 2024
IN THE MATTER OF THE ESTATE OF HELLEN ADHIAMBO MASIME – DECEASED AND IN THE MATTER OF APPLICATION
In the matter of
Wilson Ndolo Ayah
Applicant
Ruling
1. In this matter, the estate is that of Hellen Adhiambo Masime – deceased. The Petitioner is Wilson Ndolo Ayah who was the Citor in P&A Citation No. 615 of 2011.
2. The order granting leave to the Citor to file a Petition for letters of administration Intestate as issued on 10th October 2014 was clear that the Petition was to be filed within 60 days of 10th October 2014.
3. The Petition was filed on 30th July 2015 which was beyond the 60 days granted by the court.
4. What that means is that the Petition was filed out of time without leave of court to extend that period. The petition was therefore incompetent in limine; and was amenable for striking out.
5. That notwithstanding, no grant of letters of administration intestate were ever issued in this cause where the petitioner is also deceased and there has been no substitution.
6. For the above reasons, this petition as filed on 30th July 2015 is hereby struck out for being incompetently filed and the file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF MARCH, 2024R. E. ABURILIJUDGE