[2024] KEHC 6239 (KLR)
The court found that the applicant had demonstrated the death of the previous administrator and that the estate had not been fully distributed. Since the application was unopposed and it was in the interest of justice to complete the administration, the court allowed the substitution of the applicant as...
Source-derived case information.
- Citation
- [2024] KEHC 6239 (KLR)
- Parties
- Applicant: Jacob Mwilaria M’mugambi; Respondent: Constantine Mithika M’Mugambi (deceased)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 333 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Deceased Administrator and Rectification of Grant
- Outcome
- Application for substitution of administrator allowed; rectification of grant ordered; request to distribute share to deceased administrator's wife declined.
- Judges
- TW Cherere
- Legal Topics
- Succession Administration, Substitution of Administrator, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mwilaria M’mugambi
Applicant
Constantine Mithika M’Mugambi (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Deceased Administrator and Rectification of Grant
Legal Issues
- 1 Whether the applicant should be substituted as administrator in place of the deceased administrator.
- 2 Whether the certificate of confirmation of grant should be rectified to reflect the current beneficiaries and their shares.
- 3 Whether the share of the deceased administrator should be distributed to his wife.
Ratio Decidendi
The court found that the applicant had demonstrated the death of the previous administrator and that the estate had not been fully distributed. Since the application was unopposed and it was in the interest of justice to complete the administration, the court allowed the substitution of the applicant as administrator. However, the court declined to distribute the share of the deceased administrator to his wife, holding that the matter before the court related only to the estate of M’ Mugambi Mirithu Kimandia and not to the distribution of the share of his son. The certificate of confirmation of grant was ordered to be rectified to reflect the new administrator and the shares as previously...
Court Disposition
Application for substitution of administrator allowed; rectification of grant ordered; request to distribute share to deceased administrator's wife declined.
Orders
- Jacob Mwilaria M’Mugambi is appointed as administrator of the deceased’s estate in place of Constantine Mithika M’Mugambi.
- Letters of administration shall issue in the name of Jacob Mwilaria M’Mugambi.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of M’mugambi Mirithu Kimandia (Deceased) (Succession Cause 333 of 2003) [2024] KEHC 6239 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6239 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 333 of 2003
TW Cherere, J
May 23, 2024
IN THE MATTER OF THE ESTATE OF M’ MUGAMBI MIRITHU KIMANDIA (DECEASED) AND IN AN APPLICATION FOR CONFIRMATION FOR SUBSTITUTION OF DECEASED ADMINISTRATOR
In the matter of
Jacob Mwilaria M’mugambi
Applicant
Ruling
1. A Certificate of confirmation of grant in this matter was issued on 15th October, 2009 distributing the deceased’s the estate comprised in LR. Mikinduri/Atwana/263 as follows:i.Constantine Mithika M’Mugambi - 1. 50 acresii.Jacob Mwilaria M’Mugambi - 1. 55 acresiii.Pius Kiriamburi Mutuaruchiu - 0. 70 acresiv.M’Alaine M’Mukindia Mwitari - 0. 75 acresv.Kaburu Mugambi Mirithu - Balance
2. Applicant has demonstrated by a copy of search certificate that LR. Mikinduri/Atwana/263, the only asset of the estate was transferred to Constantine Mithika M’Mugambi in his capacity as the Administrator. He died on 30th August, 2014 as shown by certificate of death annexed to the supporting affidavit and as at that time, the estate had not been distributed.
3. By application dated 16th December, 2020, Jacob Mwilaria M’Mugambi (Applicant) one of the beneficiaries of the estate seeks orders to be substituted for the deceased administrator to complete the administration of the estate. He also seeks that the share for Constantine Mithika M’Mugambi be distributed to his wife Elizabeth Nkiringa Mithika.
4. I note that the beneficiaries do not oppose the application and I find that it would be in the interest of justice that the application be allowed so that the beneficiaries can finally get their respective shares of the estate.
5. This matter relates to the estate of M’ Mugambi Mirithu Kimandia and an invitation to distribute the share for his son Constantine Mithika M’Mugambi is thus declined.
6. It is therefore hereby ordered as follows: -a.Jacob Mwilaria M’Mugambi is hereby appointed as administrator of deceased’s estate in place of the deceased administrator Constantine Mithika M’Mugambi.b.Letters of administration shall issue in the name of Jacob Mwilaria M’Mugambic.The Certificate of Confirmation of Grant issued on 15th October, 2009 shall be rectified to the extent that LR. Mikinduri/Atwana/263 shall be distributed as follows:i.The estate of Constantine Mithika M’Mugambi 1. 50 acresii.Jacob Mwilaria M’Mugambi - 1. 55 acresiii.Pius Kiriamburi Mutuaruchiu - 0. 70 acresvi.M’Alaine M’Mukindia Mwitari - 0. 75 acresvii.Kaburu Mugambi Mirithu - Balanced.Mention on 03rd October, 2024 to confirm transmission
DELIVERED AT MERU THIS 23RD DAY OF MAY 2024WAMAE. T. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr. Mwirigi for Elijah K. Ogoti & Co. Advocates