[2018] KEHC 1048 (KLR)
The court found that the respondent, despite being served with the citation notice and hearing notice, failed to take any steps to apply for Grant of Letters of Administration Intestate. The purpose of a citation is to prompt those entitled to apply for the grant, and if they fail, to allow the citor to proceed....
Source-derived case information.
- Citation
- [2018] KEHC 1048 (KLR)
- Parties
- Applicant: Henry K. Magut; Respondent: Jelimo Sitienei
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Citation Cause 171 of 2015
- Procedural Posture
- Citation Cause / Ruling
- Outcome
- citation application allowed; leave granted to applicant to petition for grant of letters of administration intestate.
- Judges
- OA Sewe
- Legal Topics
- Succession, Grant of Letters of Administration, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Henry K. Magut
Applicant
Jelimo Sitienei
Respondent
Procedural Posture
Citation Cause / Ruling
Legal Issues
- 1 Whether the respondent, as widow of the deceased, should be compelled to apply for Grant of Letters of Administration Intestate for the estate of Kiprono Sitienei.
- 2 Whether the applicant should be granted leave to petition for Grant of Letters of Administration Intestate in default of the respondent.
Ratio Decidendi
The court found that the respondent, despite being served with the citation notice and hearing notice, failed to take any steps to apply for Grant of Letters of Administration Intestate. The purpose of a citation is to prompt those entitled to apply for the grant, and if they fail, to allow the citor to proceed. Since the respondent did not act, the applicant was entitled to seek leave to petition for the grant. The court therefore allowed the citation application and granted the applicant leave to petition for Grant of Letters of Administration Intestate in respect of the estate of Kiprono Sitienei, to be filed within 14 days.
Court Disposition
citation application allowed; leave granted to applicant to petition for grant of letters of administration intestate.
Orders
- The applicant, Henry K. Magut, is granted leave to forthwith petition the court for Grant of Letters of Administration Intestate in respect of the estate of Kiprono Sitienei (deceased).
- The petition for grant shall be filed within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CITATION CAUSE NO. 171 OF 2015
IN THE MATTER OF THE ESTATE OF KIPRONO SITIENEI (DECEASED)
HENRY K. MAGUT..............APPLICANT
VERSUS
JELIMO SITIENEI...........RESPONDENT
RULING
[1]The applicant moved the court vide the Citation Notice dated 26 October 2015requiring the Respondent, as the widow of the deceased herein, to cause an appearance to be entered herein and to show cause why she has not applied for Grant of Letters of Administration Intestate in respect of the estate of the deceased and justify why the same should not be issued to the Applicant. In the Supporting Affidavit, the Applicant explained that, during his lifetime, the deceased was the owner of land parcel No. Nandi/Kaptel/523, of which he bought 1. 2 acres. He is basically interested in having his portion of the property transferred into his name, but contends that the Citee is not keen on obtaining Grant to facilitate the process.
[2]The Respondent was duly served with the notice aforementioned on the 5 November 2015, and an Affidavit of Service to that effect filed on 11 November 2015, sworn by Robinson O. Getange. The record shows that the Respondent took no steps in the matter; and consequently, the Applicant ultimately set his application for hearing on 10 December 2018. Again, Hearing Notice was duly served on the Respondent along with 3 other buyers; and an Affidavit of Service filed to that effect. Neither the Respondent nor the said buyers attended court on the hearing date; whereupon Counsel for the Applicant urged the Court to grant the orders sought in the Citation Notice 26 October 2015.
[3]As was rightly pointed out by Musyoka, J. in Nairobi Succession Cause NO. 2557 of 2012 [2014] eKLR:
“... Citations are intended to trigger the process of applying for letters of administration intestate in circumstances where the persons entitled to apply are not willing or are slow in moving the court in that behalf. The citor should not be a person who has himself already applied for the grant, for the citor should only apply for grant after the citee fails to so apply.”
[4]The Citee herein has been given an opportunity to come to Court and give an explanation as to why she has not Petitioned for Grant of Letters of Administration Intestate to the estate of the late Kiprono Sitienei. Accordingly, I would allow the Citation application and grant leave to the Citor, Henry K. Magut, to forthwith petition the Court for Grant of Letters of Administration Intestate in respect of the estate of Kiprono Sitienei (Deceased); and that the same be filed within 14 days from the date hereof. Costs of the application shall be in the Succession Cause.
Orders accordingly.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 13TH DAY OF DECEMBER, 2018
OLGA SEWE
JUDGE