[2024] KEHC 1143 (KLR)
The court found that the application for review and amendment of the grant was meritorious and uncontested. The applicant demonstrated sufficient cause for the removal of the Public Trustee as administrator and her own appointment as the widow of the deceased. The court also accepted the inclusion of the previously...
Source-derived case information.
- Citation
- [2024] KEHC 1143 (KLR)
- Parties
- Applicant: Teresa Nyaboke Momanyi; Respondent: Public Trustee of Kenya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 31 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Review and Amendment of Grant
- Outcome
- application allowed
- Judges
- SM Mohochi
- Legal Topics
- Succession, Grant Amendment, Estate Distribution, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresa Nyaboke Momanyi
Applicant
Public Trustee of Kenya
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Review and Amendment of Grant
Legal Issues
- 1 Whether the grant of probate of letters of administration should be reviewed and amended to remove the Public Trustee and appoint Teresa Nyaboke Momanyi as administrator.
- 2 Whether the omitted parcel of land Molo South/Ikumbi Block 4/334 (Getich) should be included in the distribution of the deceased's estate.
- 3 Whether the proposed mode of distribution is just and should be adopted.
Ratio Decidendi
The court found that the application for review and amendment of the grant was meritorious and uncontested. The applicant demonstrated sufficient cause for the removal of the Public Trustee as administrator and her own appointment as the widow of the deceased. The court also accepted the inclusion of the previously omitted parcel of land and the proposed mode of distribution. The absence of opposition from the Public Trustee, despite being duly served, further supported the grant of the orders sought. The court allowed the application in terms of the prayers sought and directed the applicant to conclude the distribution of the estate within six months, with a mention date set to confirm...
Court Disposition
application allowed
Orders
- The grant of probate of letters of administration made to the Public Trustee of Kenya is reviewed and amended.
- The Public Trustee is removed as administrator and replaced with Teresa Nyaboke Momanyi (widow).
Full Case Text
Judgment text and source record
33 paragraphs
In re Estate of Jackson Momanyi Omwenga (Deceased) (Succession Cause 31 of 2010) [2024] KEHC 1143 (KLR) (9 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1143 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 31 of 2010
SM Mohochi, J
February 9, 2024
PUBLIC TRUSTEE ADMINISTRATION CAUSE NO. 360 of 2007
IN THE MATTER OF JACKSON MOMANYI OMWENGA (DECEASED)
In the matter of
Teresa Nyaboke Momanyi
Applicant
Ruling
1. Before me is an Applications dated 14th February 2023, a Summons for Review and amendment of grant filed byTeresa Nyaboke Momanyi pursuant to Section 74 of the Laws of Succession Act and all enabling Provisions of the law where she prays for the following reliefs;i.That, the Court be pleased to review and amendment of the Grant of Probate of Letters of Administration made to Public Trustee Of Kenya by the on the 7th day of October, 2018 and the distribution of the deceased's estate.ii.That the application is for amendment of Grant of Confirmation by removing the Public Trustee and replacing the same with Teresa Nyaboke Momanyi (widow), AND also include parcel of land Molo South/ Ikumbi Block 4/334(Getich) omittediii.The Mode of distribution is as followsMolo South/ Ikumbi Block 4/334 (geticha) Joseph Kiplangat Rotich Whole Share
Molo South/IkumbiBlock 4/257 (kamwaura) Teresa Nyaboke Momanyi,
Seth Omwenga Momanyi,
Dorcas Moraa Momanyi,
Joshua Onkoba Momanyi,
Everlne Nyatichi Momanyi,
Villah Momanyi,
Grace Momanyi. Whole Share
Molo South/Ikumbi Block 4/333(Geticha) Teresa Nyaboke Momanyi & Joshua Onkoba Momanyi Whole Share
Equity Bank SavingS KSH.35,640/45 Teresa Nyaboke Momanyi Whole Share
National Bank Of Kenya Ltd Shares Teresa Nyaboke Momanyi Whole Share
British American Insurance Co.(k) LtdPolicy Teresa Nyaboke Momanyi Whole Share
2. The Application came up before court on the 28th March 2023 where the Applicant was directed to served the motion upon the Public Trustees and file a return of service.
3. The Application was served upon the public trustees on the 2nd June 2023 and have ever since failed and or refused to appear and either oppose or support the motion. By the 26th September 2023 the Public Trustees were yet to file a response to the motion and the court accordingly fixed the same for a ruling.
4. Upon reading the entire Summons for Review and amendment of grant dated 14th February 2023 together with the supporting Affidavit of Teresa Nyaboke Momanyi and hearing Mr Geke Advocate I am inclined to allow the Application for being of merit and being uncontested.
5. This court thus allows the motion in terms of prayers (1),(2), and (3) on the summons.
6. Teresa Nyaboke Momanyi shall be expected to conclude the distribution of the estate of the deceased within six (6) months from today.
7. I shall fix a mention date after six months on the 9th July 2024 to confirm conclusion of the distribution and mark the succession as settled.
It is so Ordered
DATED, SIGNED AND DELIVERED AT NAKURU ON THIS DAY OF 9THDAY OF FEBRUARY, 2024. ___________________________S. MOHOCHIJUDGE