[2009] KEHC 3154 (KLR)
The court held that, although the Law of Succession Act provides that the surviving administratrix should continue with the administration of the estate, the special circumstances of this case—namely, the existence of two houses and significant delay due to a missing court file—justify granting the application for...
Source-derived case information.
- Citation
- [2009] KEHC 3154 (KLR)
- Parties
- Petitioner: Martha Taprandich Langat; Petitioner: Martha Langat; Applicant: William Biegon
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 162 of 2003
- Procedural Posture
- Succession Application / Ruling on Application for Grant of Letters of Administration Intestate De Bonis Non
- Outcome
- Application for grant of letters of administration intestate de bonis non granted.
- Legal Topics
- Succession, Letters of Administration, De Bonis Non, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Taprandich Langat
Petitioner
Martha Langat
Petitioner
William Biegon
Applicant
Procedural Posture
Succession Application / Ruling on Application for Grant of Letters of Administration Intestate De Bonis Non
Legal Issues
- 1 Whether the applicant should be appointed as administrator de bonis non for the unadministered assets of the deceased's estate.
- 2 Whether the remaining administratrix should continue administration after the death of a co-administratrix.
- 3 Whether procedural defects in the forms filed affect the grant of administration.
Ratio Decidendi
The court held that, although the Law of Succession Act provides that the surviving administratrix should continue with the administration of the estate, the special circumstances of this case—namely, the existence of two houses and significant delay due to a missing court file—justify granting the application for de bonis non administration. The court further directed that defective forms be amended and filed in compliance with the law, and that all survivors, their ages, and relationships to the deceased be disclosed. The application for de bonis non was granted with costs to be borne by the estate.
Court Disposition
Application for grant of letters of administration intestate de bonis non granted.
Orders
- Application for de bonis non granted with costs in the estate.
- Forms 80, 11, 12, 5, and 57 to be amended and filed correctly as per the law.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE MATTER OF ESTATE OF
KIPYEGON ARAP LANGAT ………….....……………………... DECEASED
AND
MARTHA TAPRANDICH LANGAT ………………………1ST PETITIONER
MARTHA LANGAT ……………....…………………………2ND PETITIONER
AND
WILLIAM BIEGON ………………......……………………………APPLICANT
RULING
Application for grant of letters of administration intestate of assets unadministered (De Bonis Non)
I: Background
1. In the estate of the late Kipyegon Arap Langat (deceased) a male adult aged over 92 years old at the time of his death on 16th June, 1980 and not 16th July, 1983, two administratix were appointed to administer his estate after objection proceedings were concluded herein by Kimaru J on 8. 6.06.
2. The two administratix were
i) Martha Langat and
ii) Martha Taprandich Langat both related to the deceased as his widows. This means that these are two houses herein.
3. Martha Taprandich Langat has since passed away. There are assets unadministered.
II: Application De Bonis Non8. 6.09 and filed 9. 6.09
4. Wilson Biegon a son to the original deceased Kipyegon Arap Langat brings this application for De Bonis Non. He seeks that he may be appointed as an administrator to continue to administer the estate of the deceased that has been left unadministered upon the death of one of the administratix named herein.
III:Findings
5. When one of the two administratix/administrators dies, the rules under the Law of Succession Act provides that the remaining administratix should proceed with completing the administration of the grant.
6. The applicant herein informs the court that after the protracted court case as to who should be appointed an administrator to the estate, namely objection proceedings (by Kimaru J 8. 6.06) under rules 17 of the Act, the two administratix were duly appointed. Unfortunately the court file went missing and the matter was unable to proceed on.
7. Due to the special circumstances of this case being that there are two houses and that this matter has been delayed considerably. I accordingly grant the application for De Bonis Non with costs being in the estate.
8. I note the forms filed herein initially are defective and order that form 80, 11,12,5, and 57 be amended and filed correctly as to law. P&A 5 to disclosed all the survivors their ages and relationship to the deceased. P&A 57 to be registered at the lands department, documents section.
9. If there is no Kenya Gazette Notice issued by this court the same be accordingly issued together with form P&A 30 from Principal Registrar.
10. The application for De Bonis Non be accordingly granted with costs in the estate.
DATED this 17th day of June, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
J.K. Kurgat advocate instructed by the firm of M/S Kiplenge Kurgat & Co. advocates for the Petitioner - present