[2014] KEHC 8280 (KLR)
The court found that the previous grant to the Public Trustee had been revoked and that it was necessary to appoint new administrators to ensure the proper administration of the estate. The applicants, being members of the family and having proposed themselves for appointment, were deemed suitable. The court...
Source-derived case information.
- Citation
- [2014] KEHC 8280 (KLR)
- Parties
- Applicant: James Karanja Kariuki; Applicant: Joseph Thuo Kariuki; Applicant: Thomas Mbugua Kariuki; Respondent: Public Trustee
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 323 of 1990
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Administrators
- Outcome
- Application for appointment of administrators allowed.
- Judges
- DN Musyoka
- Legal Topics
- Grant of Letters of Administration, Revocation of Grant, Appointment of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Karanja Kariuki
Applicant
Joseph Thuo Kariuki
Applicant
Thomas Mbugua Kariuki
Applicant
Public Trustee
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Administrators
Legal Issues
- 1 Whether the grant made to the Public Trustee should be revoked and new administrators appointed.
- 2 Who should be appointed as administrators of the estate of Kariuki Wanderi Karanja.
Ratio Decidendi
The court found that the previous grant to the Public Trustee had been revoked and that it was necessary to appoint new administrators to ensure the proper administration of the estate. The applicants, being members of the family and having proposed themselves for appointment, were deemed suitable. The court therefore appointed James Karanja Kariuki, Joseph Thuo Kariuki, and Thomas Mbugua Kariuki as joint administrators of the estate of Kariuki Wanderi Karanja, deceased, and directed that a grant of letters of administration issue to them accordingly.
Court Disposition
Application for appointment of administrators allowed.
Orders
- James Karanja Kariuki, Joseph Thuo Kariuki, and Thomas Mbugua Kariuki are appointed joint administrators of the estate of Kariuki Wanderi Karanja, deceased.
- Grant of letters of administration shall issue to the appointed administrators.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 323 OF 1990
IN THE MATTER OF THE ESTATE OF KARIUKI WANDERI KARANJA – DECEASED
RULING
1. The court had ordered on 28th February 2007 that the grant made to the Public Trustee be revoked and directed the family to decide on new administrators.
2. The application dated 13th December 2012 seeks appointment of administrators. It is proposed that I appoint James Karanja Kariuki, Joseph Thuo Kariuki and Thomas Mbugua Kariuki joint administrators of the estate.
3. I hereby appoint the said James Karanja Kariuki, Joseph Thuo Kariuki and Thomas Mbugua Kariuki administrators of the estate of Kariuki Wanderi, deceased. Grant of letters of administration shall issue to them accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 3rd DAY OF October 2014.
W. MUSYOKA
JUDGE