[2017] KEHC 9521 (KLR)
The court determined that, to ensure clarity and avoid future disputes, the grant of letters of administration originally issued to Eugenia Wanjiku Wariithi should be amended to substitute Mathew Gichohi Wariithi as the sole administrator, effective from 9th October 2013. The certificate of confirmed grant should...
Source-derived case information.
- Citation
- [2017] KEHC 9521 (KLR)
- Parties
- Applicant: Mathew Gichohi Wariithi; Respondent: Eugenia Wanjiku Wariithi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1700 of 1996
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Rectification of Grant
- Outcome
- Application for substitution and rectification allowed; orders granted as prayed.
- Judges
- BA Mitullah
- Legal Topics
- Succession, Letters of Administration, Grant Rectification, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathew Gichohi Wariithi
Applicant
Eugenia Wanjiku Wariithi
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be amended to substitute the deceased administrator with a new administrator.
- 2 Whether the certificate of confirmed grant should be rectified to reflect the substitution of the administrator.
- 3 Whether the second succession cause should be closed to avoid confusion and conflict.
Ratio Decidendi
The court determined that, to ensure clarity and avoid future disputes, the grant of letters of administration originally issued to Eugenia Wanjiku Wariithi should be amended to substitute Mathew Gichohi Wariithi as the sole administrator, effective from 9th October 2013. The certificate of confirmed grant should also be rectified to reflect this substitution. The court found that the existence of two parallel succession causes and inconsistent documentation could lead to confusion and potential challenges, which would undermine the efficient administration of the estate. The court exercised its discretion under the Constitution and the Law of Succession Act to prioritize substantive...
Court Disposition
Application for substitution and rectification allowed; orders granted as prayed.
Orders
- The grant of letters of administration made to Eugenia Wanjiku Wariithi in Succession Cause 1700 of 1996 is amended to substitute Mathew Gichohi Wariithi as sole administrator, effective 9th October 2013.
- The certificate of confirmed grant dated 7th March 1997 is amended and/or rectified to substitute Eugenia Wanjiku Wariithi with Mathew Gichohi Wariithi.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1700 OF 1996
and
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 2347 OF 2013
IN THE MATTER OF THE LAW OF SUCCESSION ACT CAP 14
AND IN THE MATTER OF THE ESTATE OF HENRY CLEMENT WARIITHI
R U L I N G
1. This matter comes before the Court for Hearing of a Summons for Confirmation of Grant of Letters of Administration of the Estate of Henry Clement Wariithi (“the Deceased”). The matter has a complicated history and therefore a Ruling setting out the history will aid further conduct of the Administration of the Estate.
2. The Deceased sadly passed away on 19th May 1996. His Widow, Eugenia Wanjiku Wariithi Petitioned for Letters of Administration in Succession Cause No 1700 of 1996. She also made other interim applications, including rectification and amendment. The Letters of Administration were issued on 29th January 1997. That Grant was confirmed on 7th March 1997. The Beneficiaries having consented to the mode of distribution. Thereafter various applications were made for rectification until around May 2000.
3. The Deceased was survived by the following Dependants:
(1) Eugenia Wanjiku Wariithi – Widow
(2) Mary Anne Mweru Wariithi – Daughter
(3) Paul Mutahi Wariithi – Son
(4) Martha Gichohi Warithi – daughter and
(5) Mathew Gichohi Wariithi – Son
4. The Administrator, Eugenia Wanjiku also sadly passed away on 24th October 2007. Death Certificate No 260717821. The surviving beneficiaries sought to substitute her as an administrator. For reasons that are not entirely clear, rather than file an application for substitution within the same file (Succession Cause No 1700 of 1996) they filed a new Petition in an entirely new file namely Succession Cause 2347 of 2013. That Petition sought the appointment of Mathew Gichohi Wariithi the administrator de bonis non, for the purposes of administering that part of the Estate remaining unadministered. The remaining Beneficiaries consented to the Petition. The matter came before Hon Mr Justice Musyoka on 9th October 2013. He made an Order consolidating the two files and granting Letters of Administration de bonis non to Mathew Gichohi Wariithi. However when the Letters of Administration were typed up, they were headed “Grant of Letters of Administration Intestate de bonis non” but the test of the Grant referred to “Letters of Administration Intestate of all the estate of HENRY CLEMENT WARIITHI. The inconsistency is readily apparent but there does not seem to have been any application for amendment and/or rectification. In the meantime there has been no objection or challenge to the Letters of Administration. That is the document the Applicant now seeks to confirm. Letters of Administration de bonis non by their nature do not require confirmation.
5. There are a number of options available to the Court including starting again. However, the Court is mindful of Articles 159(2) 162 and 165 of the Constitution of Kenya in particular the need to avoid unnecessary delay as well as providing solutions without undue observation of technicalities. However, it is necessary to produce an outcome that is not subject to challenge at every turn. The confirmation of a defective grant could and would give rise to challenge obstructing the efficient management and distribution of the Estate no to mention interminable Court proceedings. No doubt that would be an anathema to the Deceased who was an Advocate himself.
4. In the circumstances and for the reasons set out above the Court makes the following Order:
(1) The Grant of Letters of Administration made to Eugenia Wanjiku Wariithi in Succession Cause 1700 of 1996 be amended to substitute Mathew Gichohi Wariithi as the sole adminstrator of the Estate. The date of the substitution shall be 9th October 2013.
(2) The Certificate of Confirmed grant dated 7th March 1997 be amended and/or rectified to substitute Eugenia Wanjiku Wariithi with Mathew Gichohi Wariithi.
(3) Succession Cause 2347 of 2013 be and is hereby closed.
The Court takes the view that such a Certificate will remove any future confusion and/or conflict.
Order accordingly,
FARAH S. M. AMIN
JUDGE
Dated, Signed and Delivered this 24th day of October 2017.
In the Presence of:
Court Assistant: Patrick Mwangi
Applicant: Mr Nicholas Karanja for the Administrator and Beneficiaries.