[2014] KEHC 6362 (KLR)
The court found that the applicant, Stephen Kyonda Kamba, had demonstrated the death of the previous administrator through a burial permit and death certificate. The applicant also provided evidence of consent from all beneficiaries. The court held that, in accordance with the Succession Act and Probate and...
Source-derived case information.
- Citation
- [2014] KEHC 6362 (KLR)
- Parties
- Applicant: Stephen Kyonda Kamba; Respondent: Patrick Daudi Mui
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 332 of 2010
- Procedural Posture
- Succession Cause / Ruling on Substitution of Administrator
- Outcome
- Application allowed; applicant substituted as administrator of the estate.
- Judges
- LN Mutende
- Legal Topics
- Succession Administration, Substitution of Administrator, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kyonda Kamba
Applicant
Patrick Daudi Mui
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution of Administrator
Legal Issues
- 1 Whether the applicant should be substituted as administrator of the estate following the death of the previous administrator.
- 2 Whether the applicant has the requisite standing and consent of beneficiaries to be appointed as administrator.
Ratio Decidendi
The court found that the applicant, Stephen Kyonda Kamba, had demonstrated the death of the previous administrator through a burial permit and death certificate. The applicant also provided evidence of consent from all beneficiaries. The court held that, in accordance with the Succession Act and Probate and Administration Rules, substitution of the administrator is warranted where the previous administrator is deceased and the applicant is of equal standing and has beneficiary consent. The application for substitution was therefore allowed as prayed.
Court Disposition
Application allowed; applicant substituted as administrator of the estate.
Orders
- Stephen Kyonda Kamba is hereby substituted as the administrator of the estate of Mui Kyalie in place of Patrick Daudi Mui, now deceased.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 332 OF 2010
IN THE MATTER OF THE ESTATE OF MUI KYALIE (DECEASED)
PATRICK DAUDI MUI (NOW DECEASED)
STEPHEN KYONDA KAMBA......................................... APPLICANT
R U L I N G
The application dated 21st August 2013 is brought pursuant to the provisions of Section 74 of the Succession Act, Rule 43, 49 and 73 of the Probate and Administration Rules, and other enabling provisions of the law.
The appellant, Stephen Kyonda Kamba seeks to be substituted as the administrator of the estate of Mui Kyalie in place of Patrick Daudi Mui, now deceased.
The application is premised on grounds that the administrator of the estate herein having died there is need for substitution; the applicant being a nephew to the deceased stands in the same degree of preference as the deceased's administrator and all beneficiaries of the estate have consented to the applicant being granted the order.
The application is supported by an affidavit deponed by the applicant.
Evidence was adduced of a burial permit No. 049087 in the name of the deceased Patrick Daudi Muiwho died on 9th November 2012. A death certificate No. C 313533 was consequently issued on the 24th October 2013. Beneficiaries in the matter have signed a consent dated 15th August 2013 in support of the application.
In the premises I allow the application as prayed.
DATED, SIGNEDand DELIVERED at MACHAKOS this 28 TH day of JANUARY, 2014.
L.N. MUTENDE
JUDGE