[2016] KEHC 2261 (KLR)
The court found that the death of the first administrator, Janet Wanjiku Kilonzo, was established by the death certificate. In accordance with section 81 of the Law of Succession Act, the surviving administrator is entitled to act alone in the administration of the estate. The court also recognized the need to...
Source-derived case information.
- Citation
- [2016] KEHC 2261 (KLR)
- Parties
- Applicant: Charles Kilonzo Ivali; Respondent: Janet Wanjiku Kilonzo (deceased)
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 20 of 2001
- Procedural Posture
- Succession Cause / Ruling on Summons for Substitution of Petitioner
- Outcome
- Application granted as prayed with costs in the cause.
- Judges
- DO Ogembo
- Legal Topics
- Succession, Letters of Administration, Administrator Substitution, Grant Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kilonzo Ivali
Applicant
Janet Wanjiku Kilonzo (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Substitution of Petitioner
Legal Issues
- 1 Whether the surviving administrator should be substituted as sole administrator upon the death of the co-administrator.
- 2 Whether the typographical error in the grant should be corrected to reflect the correct name of the administrator.
Ratio Decidendi
The court found that the death of the first administrator, Janet Wanjiku Kilonzo, was established by the death certificate. In accordance with section 81 of the Law of Succession Act, the surviving administrator is entitled to act alone in the administration of the estate. The court also recognized the need to correct the typographical error in the grant to accurately reflect the name of the surviving administrator. There being no trustee or minor beneficiary, the application for substitution and correction was justified and granted as prayed.
Court Disposition
Application granted as prayed with costs in the cause.
Orders
- The surviving administrator, Charles Kilonzo Ivali, shall act as sole administrator of the estate.
- The typographical error in the grant is corrected to read 'Kilonzo Ivali' instead of 'Kilonzo Kipale'.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 20 OF 2001
IN THE MATTER OF THE ESTATE OF THE LATE KILONZO
KIPALE (DECEASED)
CHARLES KILONZO IVALI.............PETITIONER/APPLICANT
RULING OF THE COURT
1. The application before the court is Summons for Substitution of Petitioner dated and filed herein on 7th September, 2016. The application seeks the following orders:
(a) That the first Administrator JANET WANJIKU KILONZO having died all powers and duties of the Administrators shall become vested in the survivor of them CHARLES KILONZO IVALI.
(b) The typographical error in the name of KILONZO IVALI in the Grant be corrected to read KILONZO IVALI instead of KILONZO KIPALE.
(c) Costs of this application.
2. The application is supported by affidavit of CHARLES KILONZO IVALI sworn on 7th September 2016.
3. The application’s case is that the 1st Administrator JANET WANJIKU KILONZO is deceased as per attached death Certificate marked as Exhibit “CKI”. The death certificate contains a typographical error as the 1st Administrator‘s name is JANET WANJIKU KILONZO but in the death Certificate she is called JANET WASIKU KILONZO. The mother had petitioned for Letters of Administration where a grant of letters of Administration intestate was issued and the mother (co-administrator) died before the same was confirmed. The mother who is now deceased was the 1st Petitioner. The applicant now shall act alone since there is no trustee or a beneficiary below the age of 18 years.
4. I have carefully considered the application. The need for substitution is established since the 1st Administrator had passed away as per the annexture marked “CKI” being the death Certificate. In order for the distribution of the estate to proceed the application is hereby granted as prayed with costs in the cause.
Read, Delivered and Dated this 12thDay of October2016.
E.K. OGOLA
JUDGE