[2023] KEHC 27145 (KLR)
The court found that while the cause could be reinstated, the applicants failed to provide consent from all beneficiaries for their appointment as administrators and did not account for all beneficiaries and assets of the estate. The proposed distribution reduced both the number of beneficiaries and properties...
Source-derived case information.
- Citation
- [2023] KEHC 27145 (KLR)
- Parties
- Administrator: John Kisiangani Sitweti; Applicant: Patrick Walubengo; Applicant: Solomon Sitweti Kulundu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 258 of 2000
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement, Substitution of Administrator, and Confirmation of Grant
- Outcome
- Application partly allowed; cause reinstated, but substitution of administrator and confirmation of grant denied pending compliance.
- Judges
- SC Chirchir
- Legal Topics
- Succession, Grant Confirmation, Administrator Substitution, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kisiangani Sitweti
Administrator
Patrick Walubengo
Applicant
Solomon Sitweti Kulundu
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement, Substitution of Administrator, and Confirmation of Grant
Legal Issues
- 1 Whether the cause relating to the estate should be reinstated after closure for non-action.
- 2 Whether the applicants should be substituted as administrators of the estate in place of the deceased administrator.
- 3 Whether the grant of letters of administration should be confirmed and the proposed mode of distribution approved.
Ratio Decidendi
The court found that while the cause could be reinstated, the applicants failed to provide consent from all beneficiaries for their appointment as administrators and did not account for all beneficiaries and assets of the estate. The proposed distribution reduced both the number of beneficiaries and properties without explanation, raising concerns about non-disclosure. In the absence of full disclosure and requisite consents, the court declined to confirm the grant or substitute the administrators, instead directing the applicants to file a fresh application with complete information and consents from all beneficiaries.
Court Disposition
Application partly allowed; cause reinstated, but substitution of administrator and confirmation of grant denied pending compliance.
Orders
- The cause is reinstated.
- Determination of the prayer for substitution of the administrator is deferred.
Full Case Text
Judgment text and source record
28 paragraphs
In re Estate of Hudsson Sitweti Kulundu alias Hudson Sitweti Kilundu (Deceased) (Succession Cause 258 of 2000) [2023] KEHC 27145 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27145 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 258 of 2000
SC Chirchir, J
December 19, 2023
IN THE MATTER OF THE ESTTAE OF HUDSSON SITWETI KULUNDU alias HUDSON SITWETI KILUNDU-------------------------( DECEASED )
Between
John Kisiangani Sitweti
Administrator
and
Patrick Walubengo
1st Applicant
Solomon Sitweti Kulundu
2nd Applicant
Ruling
1. The Applicant’s Application dated 21st September 2023 seeks the following orders:a.That the orders issued on 24th April 2015 closing the file for non-action be set asideb.That the 1st administrator herein be substituted by Solomon Sitweti Kulundu and an amended grant of letters of administration be issued in the names of Solomon Sitweti Kulundu And Patrick Walubengo Kulunduc.That the amended grant of letters of administration be confirmedd.That costs be in the cause.
2. In the affidavit in support of the application, the applicant asserts that the grant of letters of administration was issued by the court on 10th April 2003 and the matter closed on 24/4/2015; that the then administrator, John Kisiangani Sitweti has since died. A copy of the Administrator’s death certificate is attached.
3. They now aver that the family have appointed the two applicants Solomon sitweti kulundu and Patrick walubengo kulundu to jointly administer the Etate of deceased.
4. On confirmation,they have proposed to share equally the following properties:a).Bungoma/Kamukoiwa/08b).Bungoma/Kamukoiwa/624c).Bungoma/Kamukoiwa/396d).Bungoma/Kamukuywa/401e).Buildings Natiri corner 4f).Ndivisi/Ndivsi/758
5. The application was not opposed.
Determination 6. The cause relates to the Estate of the Hudson Sitweti Kulundu (Deceased), who died on 24th February 1999. John Kisangani Sitwetiy, his son, was appointed as the Administrator of the Estate. The Applicant states that the said Administrator died on 25/11/2015. On record is death certificate No. 0335940 in respect to the said demise of the Administrator. They also pray that, this cause which had been closed be reinstated and that after reinstatement, the grant be confirmed. They have proposed the mode of distribution as set out in paragraph 4 hereof. This prayer is merited.
7. On prayer 2 of the Application, there is no consent from the other beneficiaries, approving the appointment of the two Applicants as Administrators of the Estate. What I see is simply a consent approving the mode of distribution. For this reason, the appointment is declined
8. The prayer for distribution too is denied and this is why: In a consent form for distribution earlier filed, on 2nd July 2007, I counted more than 28 beneficiaries and Nine (9) properties. In the present Application, the properties have reduced to 5 and the beneficiaries to only two, the Administrators herein. No explanation has been offered as to what happened to the other beneficiaries and where the other properties have disappeared to.
9. Under section 71(2) (d) of the Law of succession Act, this court is empowered to decline confirmation of a grant where the identities of the beneficiaries and their respective shares in the Estate have not been ascertained. The Applicants herein have failed to make full disclosure.
10. In conclusion, I hereby proceed to make the following orders:a.This cause is hereby reinstated.b.The determination of the prayer for substitution of the Administrator is deferred.c.The Application for confirmation of Grant is disallowedd.The Applicants to file a fresh Application for confirmation of Grant setting out all the Assets of the Estate and beneficiaries, including those who have since died, and their respective shares, together with a consent signed by all the beneficiaries on the proposed mode of distribution within 45 days from the date of this Ruling.e.Alongside the said Application referred to in (d) above, the Applicants to file a consent, signed by all the beneficiaries Authorizing them to be Appointed as Administrators of the Estate in place of John Kisangani Sitweti .f.This matter to be mentioned on a date to be given at the delivery of this Ruling to confirm compliance with the above orders.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 19TH DAY OF DECEMBER 2023. S. CHIRCHIRJUDGE.