[2008] KEHC 1791 (KLR)
The court found that the petitioner, although the widow of the deceased, failed to include all beneficiaries in her petition for letters of administration and did not consult or inform them. The relationship between the petitioner and the objectors was not cordial, and the petitioner was not capable of distributing...
Source-derived case information.
- Citation
- [2008] KEHC 1791 (KLR)
- Parties
- Applicant: Njoka Karanja; Respondent: Stephen Njagi Karanja; Respondent: Kariuki Karanja
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 1182 of 2002
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Objection allowed. Grant of letters of administration to be issued to the two objectors and a third representative from the petitioner's house.
- Legal Topics
- Succession, Grant of Letters of Administration, Beneficiary Rights, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njoka Karanja
Applicant
Stephen Njagi Karanja
Respondent
Kariuki Karanja
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the petitioner properly disclosed all beneficiaries of the deceased estate.
- 2 Whether the petitioner was fit to be granted letters of administration.
- 3 Whether the objectors were entitled to apply for a grant of letters of administration.
Ratio Decidendi
The court found that the petitioner, although the widow of the deceased, failed to include all beneficiaries in her petition for letters of administration and did not consult or inform them. The relationship between the petitioner and the objectors was not cordial, and the petitioner was not capable of distributing the estate fairly. The court exercised its discretion under Section 66 of the Law of Succession Act to allow the objection and ordered that a grant of letters of administration be issued jointly to the two objectors and a third representative from the petitioner's house, ensuring representation from each of the three houses of the deceased.
Court Disposition
Objection allowed. Grant of letters of administration to be issued to the two objectors and a third representative from the petitioner's house.
Orders
- A grant of letters of administration to issue to Stephen Njagi Karanja, Kariuki Karanja, and a third person to be nominated from the petitioner's house, representing each of the three houses.
- No order as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Succession Case 1182 of 2002
IN THE MATTER OF THE ESTATE OF KARANJA GAKINDI..DSD
AND
NJOKA KARANJA…….…………………………………APPELLANT
VERSUS
STEPHEN NJAGE KARANJA…...…………………..1ST OBJECTOR
KARIUKI KARANJA………………………………….2ND OBJECTOR
JUDGMENT
After the death of deceased, Karanja Gakindi who died on 13/12/1962 his wife Njoka Karanja petitioned for a grant of letters of Administration intestate. She filed form P &A5 showing the beneficiaries of deceased. She described herself as first wife and there was second wife and third wife who are now deceased. She also disclosed that the assets of deceased was parcel Gaturi/Nembure/3020 the green card shows that the size was 8 acres. Then on 2/2/2006 objection to making grant was filed by :-
1. Stephen Njagi Karanja
2. Kariuki Karanja
The grounds of objection are stated on the application and supporting affidavit namely:-
1. That the objectors are entitled to apply for a grant
2. That the petitioner did not inform other beneficiaries or consult them.
3. That there were other beneficiaries not disclosed but she only included her sons some of whom had died
4. That the application is defective and she has concealed material facts.
The affidavit shows that the deceased had already distributed his land among his sons leaving only 8 acres for his home with his wives. After death each house was entitled to share the 8 acres. The parties also gave oral evidence in court. It is clear to me that the petitioner though widow of deceased is not capable of distributing the estate. She deliberately omitted to include all the beneficiaries of the deceased. He relationship with the other beneficiaries (the objectors) is not cordial. In the circumstances, I allow the objection and order invoking the discretion of court order Section 66 of Cap 160 that a grant of letters of Administration be issued to the two objectors and a third one from the petitioners house to be nominated so that there shall be one representation of each of three houses.
There will be no order as to costs.
Dated this 8th May, 2008.
J. N. KHAMINWA
JUDGE
8/5/2008
Khaminwa – Judge
Njue – Clerk
Stephen Njagi Karanja
Kariuki Karanja
Read in open court
J. N. KHAMINWA
JUDGE