[2011] KEHC 3820 (KLR)
The court found that the respondent, Salim Mureithi, failed to include all beneficiaries in the succession proceedings and did not appoint a second administrator despite the presence of a mentally challenged beneficiary and minor children. The application was unopposed, and the facts deponed in the affidavits were...
Source-derived case information.
- Citation
- [2011] KEHC 3820 (KLR)
- Parties
- Applicant: Loice Njoki Nduati; Applicant: Rebecca Wambui; Respondent: Salim Mureithi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 280 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Application allowed in part.
- Legal Topics
- Revocation of Grant, Administration of Estate, Joinder of Administrator, Rights of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loice Njoki Nduati
Applicant
Rebecca Wambui
Applicant
Salim Mureithi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant issued to Salim Mureithi should be revoked for being defective and obtained fraudulently by concealment of material facts.
- 2 Whether all beneficiaries of the estate were included in the succession proceedings.
- 3 Whether a co-administrator should be appointed given the mental incapacity of one beneficiary and the presence of minor children.
Ratio Decidendi
The court found that the respondent, Salim Mureithi, failed to include all beneficiaries in the succession proceedings and did not appoint a second administrator despite the presence of a mentally challenged beneficiary and minor children. The application was unopposed, and the facts deponed in the affidavits were uncontested. The court held that for the ends of justice, Loice Njoki Nduati should be joined as a co-administrator to protect the interests of the vulnerable beneficiaries. The court also directed that Julia Wanjiku be listed as a beneficiary. The application for revocation of the grant was thus allowed to the extent of joining a co-administrator and including the omitted...
Court Disposition
Application allowed in part.
Orders
- Loice Njoki Nduati is joined as a co-administrator of the estate.
- Julia Wanjiku is to be listed as one of the beneficiaries.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NO. 280 OF 2009
IN THE MATTER OF THE ESTATE OF JERUSHA WANJIKU HARI (DECEASED)
LOICE NJERI NDUATI…………………...……..1ST APPLICANT
REBECCA WAMBUI…………………..………2RD APPLICANT
VERSUS
SALIM MUREITHI……………………..…………RESPONDENT
RULING
The application dated 22/7/2010 was filed by Loice Njoki Nduati and Rebecca Wambui who seek to have the grant issued to Salim Mureithi, the respondent, herein, revoked, for reasons that the same is defective, was obtained fraudulently by concealment from other beneficiaries it is alleged that the respondent failed to administer the estate of the late Jerusha Wanjiku Hari by using the proceeds from rental houses to the exclusion of other beneficiaries.
The summons is based on the affidavit of the applicants sworn on 2/7/2010. Loice Njoki Nduati deponed aht the deceased died on 14/4/09 and letter of administration were issued to Salim Mureithi, the son of the deceased on 25/1/2010. She deponed that the petitioner Salim failed to include Silvia Wanjiku in the application, as one of the beneficiaries and secondly that the petitioner knew that his sister Rebecca Wambui the 2nd applicant is mentally challenged and yet he did not include a 2nd administrator to administer the estate jointly with him. Loice Njoki so prays to be joined to the proceedings as a co-administrator.
Silvia Rebecca Wambui Nduati deponed that she is the daughter of the deceased and has one brother the respondent, Salim. She deponed that Salim never informed her of the succession proceedings herein and that though he named one of her daughters Loice Njoki Nduati as one of the beneficiaries, he left out Julia Wanjiku. She deponed that both her and her daughters were provided for by the deceased. Sylvia Rebecca further deponed that she now lives with her aunt, Loice Njoki Nduati whom she would like to be joined as one of the administrators.
The petitioner’s counsel Rubua Ngure was served with the hearing notice on 25/11/2010 but he neither filed a reply nor did he appear. The application is therefore unopposed. The facts deponed to in the affidavits of the two applicants are not contested. Since it is deponed that Silvia Rebecca is mentally challenged and her children are minors, it is a requirement that there be two administrators of the estate. The petitioner should have included another person to take care of the interests of Rebecca and her minor children. It is also not denied that one of the beneficiaries was left out, there is need to have her included so that when distribution is done her interests are catered for.
Although there is no specific prayer for joinder of another administrator, for the ends of justice to be met, I will allow Loice Njoki Nduati to be joined as a co-administrator. I decline to include Rebecca Wambui as administrator as she is said to be of unsound mind. I also direct that Julia Wanjiku be listed as one of the beneficiaries. Costs be in the cause.
DATED and DELIVERED this 4th day of March, 2011.
R.P.V. WENDOH
JUDGE
PRESENT:
MS Njoroge for the applicants.
N/A for the respondent.
Kennedy – Court Clerk.