[2021] KEHC 13544 (KLR)
The court held that confirmation of a grant cannot proceed where the applicant is not an administrator and no grant is in force. The court found sufficient proof of the previous administrator's death from the documents attached, despite the absence of a death certificate. To ensure fair representation and avoid...
Source-derived case information.
- Citation
- [2021] KEHC 13544 (KLR)
- Parties
- Applicant: Edward Siva Kisala; Respondent: Estate of James Kisala Ogwuma (Deceased)
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 36 of 2021
- Procedural Posture
- Succession Cause / Ruling on Substitution of Administrator and Revocation of Grant
- Outcome
- Grant revoked; directions issued for appointment of new administrators.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Administrator Substitution, Grant Revocation, Representation of Heirs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Siva Kisala
Applicant
Estate of James Kisala Ogwuma (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution of Administrator and Revocation of Grant
Legal Issues
- 1 Whether the court can confirm a grant when the applicant is not an administrator and no grant is in force.
- 2 Whether there is sufficient proof of death of the previous administrator to warrant substitution.
- 3 Whether all survivors of the deceased must be involved in the appointment of new administrators.
Ratio Decidendi
The court held that confirmation of a grant cannot proceed where the applicant is not an administrator and no grant is in force. The court found sufficient proof of the previous administrator's death from the documents attached, despite the absence of a death certificate. To ensure fair representation and avoid future disputes, the court emphasized that all survivors of the deceased, including representatives from all three houses, must be involved in the appointment of new administrators. Consequently, the existing grant was revoked to pave the way for the appointment of fresh administrators, with directions for all relevant family members to be present for the court to appoint...
Court Disposition
Grant revoked; directions issued for appointment of new administrators.
Orders
- The grant made on 8th October 2012 is revoked.
- Edward Siva Kisala is directed to bring all children, grandchildren, and daughters-in-law of the deceased whose parents and husbands (sons of the deceased) are dead, for appointment of new administrators.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VIHIGA
SUCCESSION CAUSE NO. 36 OF 2021
IN THE MATTER OF THE ESTATE OF JAMES KISALA OGWUMA (DECEASED)
RULING
1. The summons, dated 27th April 2021, seeks substitution of a dead administrator, and confirmation of the grant, subsequent upon the substitution. The person who seeks confirmation is not an administrator, and there is no grant in force. There would be no basis to deal with the confirmation of a non-existent grant. I will deal only with appointment of a fresh administrator or administrators in this ruling.
2. A certificate of death in respect of the dead administrator should have been annexed or exhibited, given that the certificate of death is the official document in Kenya, upon which death is established. I am nonetheless satisfied that there is adequate poof of death from the documents attached. I note that there could be more than three persons who have signed up to the application. Every survivor of the deceased ought to be involved in the appointment of administrators. That avoids the filing of applications thereafter to challenge the appointment. For now, I will revoke the grant made on 8th October 2012, to pave way for appointment of fresh administrators. The deceased had three wives, and all three houses ought to be represented in the administration.
3. I shall give a date, at the delivery of this ruling, when Edward Siva Kisala shall bring all the children of the deceased, and grandchildren and daughters-in-law of the deceased whose own parents and husbands, sons of the deceased, are dead, so that the court can appoint administrators acceptable to all the survivors of the deceased. The Deputy Registrar shall cause the date to be given in the event this ruling is delivered in the absence of the parties, to be circulated to Edward Siva Kisala and the others.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER 2021
W MUSYOKA
JUDGE