[2023] KEHC 25797 (KLR)
The court held that by operation of Section 81 of the Law of Succession Act, upon the death of one of several administrators, all powers and duties automatically vest in the surviving administrator. There is no requirement for substitution unless there is a continuing trust and only one surviving administrator, in...
Source-derived case information.
- Citation
- [2023] KEHC 25797 (KLR)
- Parties
- Applicant: Franceska Karimi; Respondent: Julius Mbaabu Mutungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 60 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Issuance of Fresh Grant to Surviving Administrator
- Outcome
- Application allowed. Franceska Karimi appointed sole administrator. Fresh letters of administration to issue and Certificate of Confirmation of Grant to be rectified.
- Judges
- TW Cherere
- Legal Topics
- Succession, Administration of Estates, Letters of Administration, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Franceska Karimi
Applicant
Julius Mbaabu Mutungi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Issuance of Fresh Grant to Surviving Administrator
Legal Issues
- 1 Whether the surviving administrator is entitled to have all powers and duties of administration vested in her upon the death of the co-administrator.
- 2 Whether fresh letters of administration should issue to the surviving administrator to enable completion of estate distribution.
Ratio Decidendi
The court held that by operation of Section 81 of the Law of Succession Act, upon the death of one of several administrators, all powers and duties automatically vest in the surviving administrator. There is no requirement for substitution unless there is a continuing trust and only one surviving administrator, in which case the court may appoint an additional administrator. In this case, Franceska Karimi, as the sole surviving administrator, is entitled to continue administration and complete the distribution of the estate. The court therefore ordered that she be issued with fresh letters of administration and that the Certificate of Confirmation of Grant be rectified accordingly to...
Court Disposition
Application allowed. Franceska Karimi appointed sole administrator. Fresh letters of administration to issue and Certificate of Confirmation of Grant to be rectified.
Orders
- Franceska Karimi shall be the sole administrator of the deceased’s estate.
- Letters of administration shall issue and the Certificate of Confirmation of Grant dated July 27, 2021 shall be rectified accordingly.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of M’mutungi M’magana alias M’mutungi M’magana alias M’mutungi Magana (Deceased) (Succession Cause 60 of 2015) [2023] KEHC 25797 (KLR) (23 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25797 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 60 of 2015
TW Cherere, J
November 23, 2023
In the matter of
Franceska Karimi
Applicant
Ruling
Background 1. Letters of Administration Intestate to the estate of M’Mutungi M’Magana Alias M’Mutungi M’magana Alias M’Mutungi Magana (Deceased) were issued jointly to Julius Mbaabu Mutungi and Franceska Karimi (Applicant) on August 10, 2021.
2. Subsequently, a Certificate of Confirmation of Grant was issued on July 27, 2021 distributing the deceased’s four assets but the estate remains undistributed following the death of Julius Mbaabu Mutungi on April 28, 2022.
3. By summons dated and filed on July 20, 2023 supported by an affidavit sworn by Applicant, the court is urged to issue fresh grants to Franceska Karimi to enable her complete the distribution of the estate. Application, though served, was not opposed.
4. Section 81 of the said Law of Succession Act provides that; -“Upon the death of one or more of several executors or administrators to whom a grant of representation has been made, all the powers and duties of the executors or administrators shall become vested in the survivors or survivor of them:……(Emhasis added)
5. What is clear from the above provision is that, in the instant case, upon the death of Julius Mbaabu Mutungi,his duties and powers automatically and by operation of law vested in the surviving co- administrator Franceska Karimi (Applicant).
6. From the wording of the section, there is nothing like substitution unless there is a continuing trust and there is only one surviving executor or administrator in which case the court shall appoint additional executor or administrator.
7. It is therefore hereby ordered as follows:1. Now that Julius Mbaabu Mutungi is deceased, Franceska Karimi shall be the sole administrator of the deceased’s estate2. Letters of administration shall issue and the Certificate of Confirmation of Grant dated July 27, 2021 shall be rectified accordingly3. Franceska Karimi shall distribute the estate in accordance with the Certificate of Confirmation of Grant dated July 27, 20214. This cause shall be mentioned on February 8, 2024 to confirm compliance with these orders and for further orders and/or directions
DATED AT MERU 23RD DAY OF NOVEMBER 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant- Morris KinotiFor Applicant -Ms. Kimotho for Gichunge Muthuri & Company AdvocatesFor 1st Petitioner- Ms. Githinji for Mbaabu M’Inoti & Co. Advocates