[2014] KEHC 7588 (KLR)
The court held that the application for substitution was misconceived because a revocation application is only maintainable against a living administrator named in the grant. Upon the death of the sole administrator, the grant becomes inoperative, and any pending revocation application abates. Substitution is not...
Source-derived case information.
- Citation
- [2014] KEHC 7588 (KLR)
- Parties
- Applicant: Applicant (Name not specified); Respondent: Charles Njoroge Kinyanjui (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2221 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution and Directions Following Death of Administrator
- Outcome
- application dismissed with costs to the estate
- Judges
- DN Musyoka
- Legal Topics
- Succession, Revocation of Grant, Administrator Substitution, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant (Name not specified)
Applicant
Charles Njoroge Kinyanjui (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution and Directions Following Death of Administrator
Legal Issues
- 1 Whether a revocation application can proceed after the death of the sole administrator named in the grant.
- 2 Whether substitution of a deceased administrator with heirs who are not yet appointed as administrators is permissible.
Ratio Decidendi
The court held that the application for substitution was misconceived because a revocation application is only maintainable against a living administrator named in the grant. Upon the death of the sole administrator, the grant becomes inoperative, and any pending revocation application abates. Substitution is not feasible unless the replacement is already an administrator appointed by the court. Heirs who have not yet been appointed as administrators cannot be substituted in place of the deceased administrator. Therefore, the application was dismissed, and the applicant was advised to collaborate with other family members to identify a new administrator for appointment by the court.
Court Disposition
application dismissed with costs to the estate
Orders
- The application dated 25th January 2012 is dismissed with costs to the estate.
- The matter shall be mentioned on 4th February 2014 to confirm whether the family has agreed on the person to be appointed administrator.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 2221 OF 2005
IN THE MATTER OF THE ESTATE OF KEZIAH WANJIRU CHEGE ALIAS – WANJIRU KINYANJUI ‘A’ ALIAS WANJIRU KINYANJUI – (DECEASED)
RULING
1. The application dated 25th January 2012 seeks substitution of a dead party and orders that named heirs be directed to apply for letters of administrators.
2. The applicant has a pending Summons for Revocation of grant dated 11th August 2005. The grant sought to be revoked had been made to Charles Njoroge Kinyanjui. The said administrator has since died. The applicant would like to amend his summons for revocation to remove the name of the administrator and replace it with that of the person named in the application dated 25th January 2012.
3. The application before me is clearly misconceived. A revocation application is directed at the person named in the grant as administrator. Once such administrator dies, the revocation application dies a natural death unless the grant appointed more than one administrator. This is so since a subsequent appointment of an administrator to replace the dead administrator would give rise to a fresh grant which would be unaffected by any pending application for revocation of grant.
4. Secondly, the person named in the revocation application as sole administrator cannot be substituted as his demise would result in the grant made to him becoming useless and inoperative. In any event, even if he were to be substituted in the revocation application, which is not feasible, he can only be substituted with persons who have themselves been appointed administrators of the estate. He cannot be replaced with heirs who are yet to be named by the court as administrators.
5. The application dated 25th January 2012 is for dismissal. I hereby dismiss it with costs to the estate.
6. The applicant is advised to join hands with other family members in identifying the next administrator.
7. The matter shall be mentioned on 4th February 2014 to confirm whether the family has agreed on the person to be appointed administrator to take the place of the late Charles Njoroge Kinyanjui.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE