[2021] KEHC 9794 (KLR)
The court found that the sole administrator of the estate had died, rendering the existing grant inoperative. The only surviving child of the deceased, who would have priority in administration, was unable to act due to ill health and had formally renounced his right. There was no opposition to the application. The...
Source-derived case information.
- Citation
- [2021] KEHC 9794 (KLR)
- Parties
- Applicant: George Gatheca; Respondent: Michael Ng’ang’a Kinyanjui
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 24 of 1997
- Procedural Posture
- Succession Cause / Ruling on Application for Grant of Letters of Administration De Bonis Non
- Outcome
- Application allowed. Grant of letters of administration de bonis non issued to the applicant.
- Judges
- JN Onyiego
- Legal Topics
- Succession, Letters of Administration, De Bonis Non, Administrator Death, Priority of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Gatheca
Applicant
Michael Ng’ang’a Kinyanjui
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Grant of Letters of Administration De Bonis Non
Legal Issues
- 1 Whether a grant of letters of administration de bonis non should issue to the applicant following the death of the sole administrator.
- 2 Whether the only surviving child of the deceased is entitled to priority in administration and if his renunciation is valid.
Ratio Decidendi
The court found that the sole administrator of the estate had died, rendering the existing grant inoperative. The only surviving child of the deceased, who would have priority in administration, was unable to act due to ill health and had formally renounced his right. There was no opposition to the application. The court held that, in accordance with Section 76(e) of the Law of Succession Act, the previous grant was revoked and a grant of letters of administration de bonis non should issue to the applicant, George Gatheca, to enable completion of the administration of the unadministered portion of the estate.
Court Disposition
Application allowed. Grant of letters of administration de bonis non issued to the applicant.
Orders
- The previous grant is revoked as inoperative due to the death of the administrator.
- A grant of letters of administration de bonis non is issued to George Gatheca as sole administrator for the unadministered part of the estate.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Juma Gathecah (Deceased) (Succession Cause 24 of 1997) [2021] KEHC 9794 (KLR) (28 May 2021) (Ruling)
Neutral citation: [2021] KEHC 9794 (KLR)
Republic of Kenya
In the High Court at Mombasa
Succession Cause 24 of 1997
JN Onyiego, J
May 28, 2021
Ruling
1. The deceased herein died intestate on July 1, 1998 leaving behind 10 children. On March 25, 1997, Alfonce Gachoka petitioned for a grant of representation. The same was granted on March 13, 2009and then confirmed on June 18, 2010.
2. By an application dated December 1, 2020, George Gatheca a son to the deceased administrator and therefore a grandson to the deceased moved to the court seeking a grant of letters of administration debonis non issued to him following the death of his father the only administrator who died on July 25, 2020. That the only surviving child to the deceased one Michael Ng’ang’a Kinyanjui is sickly hence cannot administer the estate to completion. As proof of his death, a death certificate of Alphonce Gachoka the deceased administrator was attached.
3. The application is supported by an affidavit sworn by George Gatheca the applicant herein who stated that the estate has un-administered assets which needs an administrator to complete the process. During the hearing, the court demanded for the attendance of Michael the only surviving child of the deceased who renounced his right to be appointed as the administrator being the only person entitled in priority.
4. Mr. Odongo appearing for the applicant urged the court to allow the application. He basically relied on the averments contained in the affidavit in support of the application. I have considered the application herein and the affidavit in support. There is no dispute that the appointed administrator is deceased. The only surviving child to the deceased is sickly and unable to administer the estate. He is not opposed to the grant debonis non being issued to the applicant.
5. Under Section 76 (e) of the Law of Succession, where an administrator dies, the grant is rendered useless and inoperative. Since there is no administrator, the grant is effectively revoked and a grant of letters of administration debonis non to issue to the applicant as the sole administrator for purposes of completing the administration of the un-administered part of the estate.
DATED SIGNED AND DELIVERED VIRTUALLY AT MOMBASA THIS 28TH DAY OF MAY 2021J N ONYIEGOJUDGE