[2024] KEHC 1141 (KLR)

Source-derived case information.

Citation: [2024] KEHC 1141 (KLR)
Parties: Applicant: Virginia Makena Ntiritu; Respondent: Julia Naitore Mworia; Respondent: Anderson Mburugu Ringera (deceased); Respondent: Interested Party
Court: High Court
Court Station: High Court at Meru
Jurisdiction: Kenya
Case Number: Succession Cause 146 of 2008
Procedural Posture: Succession Cause / Ruling on Application for Confirmation of Grant
Outcome: Application for confirmation of grant dated 20th July, 2023 disallowed. Directions issued for filing a proper application.
Judges: TW Cherere
Legal Topics: Confirmation of Grant, Letters of Administration, Succession Procedure
Source Language: en

Family and Children Confirmation of Grant Letters of Administration Succession Procedure

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Virginia Makena Ntiritu

Applicant

Julia Naitore Mworia

Respondent

Anderson Mburugu Ringera (deceased)

Respondent

Interested Party

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Confirmation of Grant

Legal Issues

1 Whether the application for confirmation of grant dated 20th July, 2023 is competent and capable of being granted.
2 Whether the correct administrators are reflected in the application for confirmation of grant.

Ratio Decidendi

The court found that the application for confirmation of grant dated 20th July, 2023 was fatally defective because it sought to confirm letters of administration issued to Anderson Mburugu Ringera, which do not exist in the record. The only valid administrators as per the court record are Virginia Makena Ntiritu and Julia Naitore Mworia, following the death of Anderson Mburugu Ringera and the subsequent issuance of new letters of administration. As such, the application was incapable of being granted and was disallowed. The court directed the applicant to file a proper application for confirmation of grant reflecting the correct administrators, and set timelines for service and response...

Court Disposition

Application for confirmation of grant dated 20th July, 2023 disallowed. Directions issued for filing a proper application.

Orders

The application for confirmation of grant dated 20th July, 2023 is disallowed.
The Applicant/1st Administrator is directed to file a proper application for confirmation of the grant.

Full Case Text

Judgment text and source record

20 paragraphs

In re Estate of Jacob M'Ikiugu M'Ringera (Deceased) (Succession Cause 146 of 2008) [2024] KEHC 1141 (KLR) (8 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1141 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 146 of 2008

TW Cherere, J

February 8, 2024

IN THE MATTER OF THE ESTATE OF JACOB M’IKIUGU M’RINGERA (DECEASED) AND IN THE MATTER OF APPLICATION FOR CONFIRMATION OF GRANT

In the matter of

Virginia Makena Ntiritu

1st Administrator

Julia Naitore Mworia

2nd Administrator

Ruling

1. Letters of administration in this cause were issued on 14th March, 2019 to Virginia Makena Ntiritu, Anderson Mburugu Ringera and Julia Naitore Mworia.

2. Sunsequently on 27th April, 2023, Anderson Mburugu Ringera died and Virginia Makena Ntiritu and Julia Naitore Mworia were by Letters of Administration dated 12th July, 2023 confirmed as the administrators of deceased’s estate.

3. The Application for confirmation of grant dated 20th July, 2023 seeks to confirm Letters of Administration issued to Anderson Mburugu Ringera but this cause does not contain such letters.

4. The application dated 20th July, 2023 as drawn is therefore incapable of being granted and it is disallowed.

5. Additionally, it is hereby ordered that:1. The Applicant/1st Administrator is directed to file a proper application for confirmation of the grant.2. The application once filed shall be served on Julia Naitore Mworia (2nd Administrator) and on the firm of Charles Kariuki & Kiome Advocates for the Interested Party.3. Once served, the 2nd Administrator ad the Interested Party will have 7 days to file responses if any4. Mention on 07th March, 2024 to confirm compliance with orders (1) , (2) and (3) above and for directions

DATED AT MERU THIS 08TH DAY OF FEBRUARY2024WAMAE. T. W. CHEREREJUDGEAppearances:-Court Assistants - Kinoti/MuneneFor Applicant - N/A for M.G..Kaume & Co. Advocates2nd Administrator - N/AFor Interested Party - Ms. Gikundi for Charles Kariuki & Kiome Advocates

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