[2024] KEHC 4744 (KLR)

[2024] KEHC 4744 (KLR)

The court found that the death of Micheck Mwenda Kairemia, the 2nd administrator, was proved by a certificate of death. There was no opposition to the application by the beneficiaries. The court held that it was just and necessary to appoint Florence Ntundu Ntoikuru as the sole administrator to facilitate the...

Source-derived case information.

Citation
[2024] KEHC 4744 (KLR)
Parties
Applicant: Florence Ntundu Ntoikuru; Respondent: Micheck Mwenda Kairemia (deceased)
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Succession Cause 29 of 2014
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator and Rectification of Grant
Outcome
application allowed
Judges
TW Cherere
Legal Topics
Administration of Estates, Substitution of Administrator, Rectification of Grant
Source Language
en
Family and Children Administration of Estates Substitution of Administrator Rectification of Grant

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Parties

Florence Ntundu Ntoikuru

Applicant

Micheck Mwenda Kairemia (deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Substitution of Administrator and Rectification of Grant

Legal Issues

  1. 1 Whether the applicant should be appointed as sole administrator following the death of the 2nd administrator.
  2. 2 Whether the share of the deceased 2nd administrator should be distributed to his estate or dependents.

Ratio Decidendi

The court found that the death of Micheck Mwenda Kairemia, the 2nd administrator, was proved by a certificate of death. There was no opposition to the application by the beneficiaries. The court held that it was just and necessary to appoint Florence Ntundu Ntoikuru as the sole administrator to facilitate the completion of the administration of the estate. Further, the share due to the deceased administrator should be distributed to his estate or dependents in equal shares, necessitating rectification of the Certificate of Confirmation of Grant. The orders sought were therefore granted to ensure the estate is properly administered and distributed in accordance with the law.

Court Disposition

application allowed

Orders

  • Florence Ntundu Ntoikuru is appointed as sole administrator of the deceased’s estate.
  • Letters of Administration shall issue in the name of Florence Ntundu Ntoikuru.