[2022] KEHC 13211 (KLR)
The court held that, pursuant to section 81 of the Law of Succession Act, when one of several administrators dies, the surviving administrator(s) are entitled to continue administering the estate. The application for revocation/annulment of the previous grant and issuance of a fresh grant to the surviving...
Source-derived case information.
- Citation
- [2022] KEHC 13211 (KLR)
- Parties
- Applicant: Tabitha Nyegeria; Respondent: Julia Kaguri; Respondent: Julius Miriti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 222 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Reissue of Grant Following Death of Co Administrator
- Outcome
- Application allowed. Fresh grant to be issued to surviving administrator.
- Judges
- EM Muriithi
- Legal Topics
- Succession, Grant of Letters of Administration, Revocation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Nyegeria
Applicant
Julia Kaguri
Respondent
Julius Miriti
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Reissue of Grant Following Death of Co Administrator
Legal Issues
- 1 Whether the certificate of confirmed grant should be revoked/annulled following the death of one co-administrator.
- 2 Whether a fresh grant should be issued to the surviving administrator to administer and distribute the estate in accordance with the prior judgment.
Ratio Decidendi
The court held that, pursuant to section 81 of the Law of Succession Act, when one of several administrators dies, the surviving administrator(s) are entitled to continue administering the estate. The application for revocation/annulment of the previous grant and issuance of a fresh grant to the surviving administrator was merited. The court was satisfied that the estate should continue to be administered and distributed in accordance with the judgment of October 11, 2018, and that the share of the deceased administrator should devolve to her estate for the benefit of herself and her children as previously set out. The absence of any substantive opposition further supported the grant of...
Court Disposition
Application allowed. Fresh grant to be issued to surviving administrator.
Orders
- The certificate of confirmed grant issued on November 27, 2018 is revoked/annulled.
- A fresh grant of letters of administration and confirmed grant shall be issued to Tabitha Nyegeria as the sole surviving administrator.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Jeremiah Marete –Deceased (Succession Cause 222 of 1993) [2022] KEHC 13211 (KLR) (29 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13211 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 222 of 1993
EM Muriithi, J
September 29, 2022
IN THE MATTER OF THE ESTATE OF JEREMIAH MARETE - DECEASED
Between
Tabitha Nyegeria
Petitioner
and
Julia Kaguri
Objector
Ruling
1. By confirmed grant dated November 27, 2018upon judgment dated October 11, 2018the estate of the deceased herein was distributed between his two widows each to hold on her own behalf and on behalf of her children 5 acres each of LR Abothuguchi/Katheri/1333.
2. Upon the death of the administrator Julia Kaguri Marete, the co-administrator Tabitha Nyegere Marete has moved the court by summons dated July 12, 2022seeking principal order:-a)That the honourable court be pleased to revoke/annul the certificate of grant issued on November 27, 2018to Tabitha Nyegere and Julia Kaguri due to the fact that Julia Kaguri is now deceased and that the grant be confirmed to the petitioner Tabitha Nyegera.b)That the honourable court do issue orders to allow the petitioner to administer the estate in accordance to the judgment delivered on October 11, 2018since she if the only surviving administrator in the estate of the late Jeremiah Marete
3. Despite adjournment on 3 occasions on May 10, 2022, June 6, 2022and July 4, 2022, the co- administrator Julia Kaguri’s son Julius Miriti who sought to respond to the application did not do so in person or by counsel.
4. Upon considering the matter, the court finds merit in the application for reissue of the grant of letter of administration and to confirmed grant in the names of the surviving administrator Tabitha Nyerere in view of the provision of section 81 of the law of Succession Act.
5. Section 81 of the Law of Succession Act provides as follows:-
6. Being satisfied of the judgment of the court of October 11, 2018, the certificate of confirmed grant of November 27, 2018 issued to the applicant and the deceased as co-administrators and on the strength of section 81 of the Law of Succession Act, the court allows the application dated July 12, 2022 in terms of prayers (a) and (b) thereof so that a fresh grant of letters of administration and confirmed grant are issued to the surviving administrator who shall administer and distribute the estate in accordance with the judgment of the court of October 11, 2018 and the confirmed grant to be issued in the same terms save that the share of the deceased shall go to the estate of Julia Kaguri on behalf of herself and her children as set out in the confirmed grant of November 27, 2018. Order accordingly.
DATED AND DELIVERED THIS 29TH DAY OF SEPTEMBER, 2022. EDWARD M. MURIITHIJUDGEAPPEARANCES:Miss Gikundi Advocate for Applicant.Mr. Julius Miriti Respondent in person.