[2015] KEHC 1680 (KLR)
The court determined that since the two succession causes concerning the estate of Jared Angelo Ondieki had been consolidated, it was improper and unnecessary for two separate grants of letters of administration intestate to subsist. The existence of parallel grants could lead to confusion and conflict in the...
Source-derived case information.
- Citation
- [2015] KEHC 1680 (KLR)
- Parties
- Applicant: Jacqueline Wanjiku; Applicant: Simon Osero Nyogeikaro; Applicant: Ann Wangari Angelo; Applicant: Ajellica Wairimu Ihugo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 778 of 2007
- Procedural Posture
- Succession Cause / Ruling on Consolidation and Appointment of Administrators
- Outcome
- Grants of letters of administration intestate in both causes revoked; Jacqueline Wanjiku and Ann Wangari Angelo appointed as joint administrators; new grant to issue in HCSC No. 778 of 2007.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Letters of Administration, Revocation of Grant, Consolidation of Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacqueline Wanjiku
Applicant
Simon Osero Nyogeikaro
Applicant
Ann Wangari Angelo
Applicant
Ajellica Wairimu Ihugo
Applicant
Procedural Posture
Succession Cause / Ruling on Consolidation and Appointment of Administrators
Legal Issues
- 1 Whether two separate grants of letters of administration intestate should subsist after consolidation of succession causes.
- 2 Who should be appointed as administrators of the estate of Jared Angelo Ondieki.
Ratio Decidendi
The court determined that since the two succession causes concerning the estate of Jared Angelo Ondieki had been consolidated, it was improper and unnecessary for two separate grants of letters of administration intestate to subsist. The existence of parallel grants could lead to confusion and conflict in the administration of the estate. The court exercised its discretion to revoke both existing grants and appointed Jacqueline Wanjiku and Ann Wangari Angelo as the joint administrators, directing that a new grant be issued in the lead file (HCSC No. 778 of 2007). This approach ensures orderly and unified administration of the estate, consistent with the principles of the Law of Succession...
Court Disposition
Grants of letters of administration intestate in both causes revoked; Jacqueline Wanjiku and Ann Wangari Angelo appointed as joint administrators; new grant to issue in HCSC No. 778 of 2007.
Orders
- The grants of letters of administration intestate in HCSC No. 1346 of 2006 and HCSC No. 778 of 2007 are revoked.
- Jacqueline Wanjiku and Ann Wangari Angelo are appointed administrators of the estate of Jared Angelo Ondieki.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 778 OF 2007
IN THE MATTER OF THE ESTATE OF JARED ANGELO ONDIEKI (DECEASED)
RULING
There are two Succession causes in respect of the estate of Jared Angelo Ondieki. The first in time was HCSC No. 1346 of 2006, while the second is HCSC No. 778 of 2002.
In HCSC No. 1346 of 2006, the grant of letters of administration intestate was made on 25th September 2006 to Jacqueline Wanjiku and Simon Osero Nyogeikaro. That grant is yet to be confirmed.
In HCSC No. 778 of 2007, the grant of letters of administration intestate was made to Ann Wangari Angelo and Ajellica Wairimu Ihugo on 27th July 2007.
The two causes were consolidated on 28th April 2009 on the orders of Rawal J.
I ruled, on 26th September 2014, on a summons for revocation of grant dated 22nd May 2007, that Ann Wangari and Jacqueline Wanjiku were widows of the deceased.
As the two causes have been consolidated, there is no reason why there should be two grants of representation. Consequently, I do hereby revoke the grants of letters of administration intestate referred to in paragraphs 2 and 3 above.
I appoint Jacqueline Wanjiku and Ann Wangari Angelo administrators of the estate of Jared Angelo Ondieki. A grant of letters of administration intestate shall be issued to them out of HCSC No. 778 of 2007, which shall be the lead file for the purpose of these proceedings.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 23RD DAY OF OCTOBER, 2015.
W. MUSYOKA
JUDGE