[2023] KEHC 19670 (KLR)
The court found that following the revocation of the previous grant and confirmation, the estate of the deceased could not be left without an administrator. The majority of beneficiaries, except one, consented to the appointment of Jane Wangui Gathige as the sole administrator. The non-consenting beneficiary,...
Source-derived case information.
- Citation
- [2023] KEHC 19670 (KLR)
- Parties
- Applicant: Jane Wangui Gathige; Respondent: Francis Kamau Gathige
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1664 of 1992
- Procedural Posture
- Succession Cause / Ruling on Summons for Fresh Grant of Letters of Administration
- Outcome
- application allowed
- Judges
- EKO Ogola
- Legal Topics
- Grant of Administration, Revocation of Grant, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jane Wangui Gathige
Applicant
Francis Kamau Gathige
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Fresh Grant of Letters of Administration
Legal Issues
- 1 Whether a fresh Grant of letters of Administration should be issued to Jane Wangui Gathige after revocation of the previous grant.
- 2 Whether the fresh Grant can be confirmed before expiry of six months due to the age of the cause.
Ratio Decidendi
The court found that following the revocation of the previous grant and confirmation, the estate of the deceased could not be left without an administrator. The majority of beneficiaries, except one, consented to the appointment of Jane Wangui Gathige as the sole administrator. The non-consenting beneficiary, Francis Kamau Gathige, did not file any formal objection. The court held that in the absence of opposition and with the consent of the majority of beneficiaries, it was just and expedient to issue a fresh Grant of letters of Administration to Jane Wangui Gathige. The court further directed that the grant be confirmed on a specified date, considering the age of the cause and the need...
Court Disposition
application allowed
Orders
- A fresh Grant of letters of Administration to be issued to Jane Wangui Gathige.
- The said Grant to be confirmed on 3rd October, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Joseph Gathige Kamau (Deceased) (Succession Cause 1664 of 1992) [2023] KEHC 19670 (KLR) (Family) (6 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19670 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1664 of 1992
EKO Ogola, J
June 6, 2023
IN THE MATTER OF THE ESTATE OF JOSEPH GATHIGE KAMAU (DECASED)
Ruling
The Application 1. Before the court is the Summons Application dated 15th February, 2023 where the Applicant prays for the following orders:1. That a fresh Grant of letters of Administration be issued to Jane Wangui Gathige after the previous Grant and Certificate of confirmation were revoked2. That the fresh Grant issued be confirmed before expiry of six months in view of the age of the cause3. Costs be in cause
2. The application is anchored upon section 66 (a), 71 of the Law of Succession Act cap 160 and Rule 49 of the Probate and Administration Rules. The Application is based on the grounds on the face of it and supported by the Affidavit of Jane Wangui Gathige sworn on 15th February, 2023.
3. This matter relates to the estate of Joseph Gathige Kamau. A grant of letters of Administration was issued to Jane Wangui Gathige (widow of the deceased) and Francis Kamau Gathige (son of the deceased) on 22nd March, 1993 and confirmed on 11th March 1994. According to the Applicant, some of the beneficiaries sought revocation for being left out in the Succession. The Applicants in the Application for revocation are daughters of the deceased. On 29th November, 2022, the court revoked the Grant and the Subsequent confirmation. The parties entered into a consent with the Administrator for Confirmation of Grant. The beneficiaries apart from one Francis Kamau Gathige consented to Jane Wangui Gathige being made the sole administrator.
4. The Application is unopposed.
5. After careful consideration of the Application the issue for determination is whether Jane Wangui Gathige should be issued with fresh grant of Administration.
6. The Grant issued to the previous Administrators and its subsequent confirmation having been revoked, the estate of the deceased should not be without an Administrator. The beneficiaries have agreed and consented that their mother Jane Wangui Gathige should be the sole Administrator of the estate. One Francis Kamau Gathige has refused to give his consent, however he has not lodged any objection with this court in that regard.
7. In light of the foregoing, this court makes the following Orders: -i.A fresh Grant of letters of Administration to be issued to Jane Wangui Gathigeii.The said Grant to be confirmed on 3rd October, 2023iii.Costs in the causeOrders Accordingly
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 6TH DAY OF JUNE 2023. E.K. OGOLAJUDGE