[2018] KEHC 6890 (KLR)
The court found that the applicant, Jane Wandama Mugo, had complied with the directions issued in the ruling of 19/02/2016, which permitted her to apply for grant of letters of administration intestate if the original applicants failed to do so. The court noted that there was no appeal against the previous ruling...
Source-derived case information.
- Citation
- [2018] KEHC 6890 (KLR)
- Parties
- Applicant: Jane Wandama Mugo; Respondent: Lukas Mucira Kithae; Respondent: Anthony Chomba
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 512 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Grant of Letters of Administration
- Outcome
- application allowed
- Judges
- LW Gitari
- Legal Topics
- Succession, Letters of Administration, Probate and Administration Rules, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wandama Mugo
Applicant
Lukas Mucira Kithae
Respondent
Anthony Chomba
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Grant of Letters of Administration
Legal Issues
- 1 Whether the applicant is entitled to be issued with letters of administration intestate for the estate of Jerusha Mutambi Waraga.
- 2 Whether the previous gazettement and consolidation of succession causes affect the applicant's entitlement.
- 3 Whether the court's previous directions regarding application for grant and citation have been complied with.
Ratio Decidendi
The court found that the applicant, Jane Wandama Mugo, had complied with the directions issued in the ruling of 19/02/2016, which permitted her to apply for grant of letters of administration intestate if the original applicants failed to do so. The court noted that there was no appeal against the previous ruling and that the applicant's application was properly before the court. The consolidation of succession causes and the previous gazettement did not invalidate the applicant's entitlement, as the court had already clarified the procedure to be followed. Accordingly, the court held that the application had merit and allowed it as prayed, granting the applicant the right to letters of...
Court Disposition
application allowed
Orders
- The application by Jane Wandama Mugo for letters of administration intestate is allowed as prayed.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
SUCC CAUSE NO. 512 OF 2013
IN THE MATTER OF THE ESTATE OF JERUSHA MUTAMBI WARAGA - DECEASED
A N D
LUKAS MUCIRA KITHAE..........PROTEST/APPLICANT
V E R S U S
JANE WANDAMA.................................. 1ST PETITIONER
ANTHONY CHOMBA..............................2ND PETITIONER
RULING
The application pending before Court is dated 10/11/2016 whereby the applicant Jane Wandama Mugo who is an objector is seeking that letter of administration intestate be issued to her.
The application was based on the ground that on 05/06/2007 the matter was gazetted vide Gazette Notice No. 5498 for Succession Cause No. 111 of 2007 whereby the applicant and Anthony Chomba applied to be administrators of the deceased estate. That in a ruling delivered on 19/02/2016, the court directed that she applies for grant of letters of administration intestate.
As per the petitioner/respondent there existed three succession files in respect of the deceased;
1. Succession Cause No.111 of 2017 – petitioner Jane Wandama, it was withdrawn by W. Karanja, Judge since it was filed in the Law courts which court had no jurisdiction.
2. Succession Cause No.287 of 2008 - petitioner Lucas Muchira Githae. Under Gazette Notice No. 1305 dated 13/02/2009 the petitioner had applied to be administrators of the deceased estate.
3. Succession Cause No.512 of 2013(formerlyEmbu 382 of 2018) – petitioner Luka Mukono Karanja, W. Karanja Judge noted that the petitioner died on 10/05/2009.
Succession Cause No.287 of 2008was consolidated withSuccession Cause No.512 of 2013. Therefore the respondent claimed that he was the only person who had a valid case.
The ruling of this court dated 19/02/2016 by Hon. Justice Limo in this matter at pages 7 and 8 was as follows;
“I have perused through the file and it is apparent that the deceased’s estate was gazetted twice vide gazette No. 1305 of 13th February, 2009 and gazette No. 5498 of 2007. I was however unable to locate the Kenya Gazette Notice No. 1305 of 13th February, 2009 in the court records and I have assumed that the gazette Notice No. 5498 of 2007 in Succession Cause No.287 of 2008which have been exhibited by the respondent is the valid gazettment. If that is the case, the respondent and Antony Chomba should apply for issuance of grant of letters of administration in the normal way and in default, the applicant herein is at liberty to apply for citation under Rule 21 of Part VI of the Probate and Administration Rules against them in order to bring this matter to an end. He is also at liberty to in the alternative cross petition for letters of administration pursuant to Rule 17 of the Probate and Administration Rules.”
There has been no appeal against this ruling.
The petitioner also applied for letters of administration vide application dated 18/04/2017 which is pending hearing and determination.
In my view, as per the orders of the Court quoted above, the application by the applicant Jane Wandama Mugo has merits and is allowed as prayed.
Dated and delivered at Kerugoya this 3rd day of April, 2018
L. W. GITARI
JUDGE
Mr. Maina for Respondent
Mr. Kariithi for Applicant – Absent
C/A- Naomi
L. W. GITARI
JUDGE