[2023] KEHC 2136 (KLR)
The court found that the grant issued and confirmed in favour of Jane Awino Jaramba became inoperational upon her death, as there was no substitution or appointment of a new administrator. In the absence of an administrator, the estate could not be properly managed or distributed, and any dealings would amount to...
Source-derived case information.
- Citation
- [2023] KEHC 2136 (KLR)
- Parties
- Applicant: Jane Awino Jaramba; Respondent: Paul Odhiambo Jaramba
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 424 of 2013
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant Due to Death of Administratix
- Outcome
- grant revoked; beneficiaries to petition for fresh grant; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Administrator Death, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Awino Jaramba
Applicant
Paul Odhiambo Jaramba
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation of Grant Due to Death of Administratix
Legal Issues
- 1 Whether the grant issued to the deceased administratix remains valid after her death.
- 2 Whether the estate requires a new administrator to be appointed before further dealings.
Ratio Decidendi
The court found that the grant issued and confirmed in favour of Jane Awino Jaramba became inoperational upon her death, as there was no substitution or appointment of a new administrator. In the absence of an administrator, the estate could not be properly managed or distributed, and any dealings would amount to intermeddling. The court therefore revoked the grant and directed the beneficiaries to identify suitable persons to petition for a fresh grant, emphasizing that no intermeddling should occur pending the appointment of a new administrator. The file was ordered closed until such time as a new petition is filed.
Court Disposition
grant revoked; beneficiaries to petition for fresh grant; file closed
Orders
- The grant issued on June 16, 2014 and confirmed on June 29, 2016 in favour of Jane Awino Jaramba is revoked.
- Beneficiaries to identify suitable persons to petition for a fresh grant.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Musa Jaramba Kai (Deceased) (Succession Cause 424 of 2013) [2023] KEHC 2136 (KLR) (15 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2136 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 424 of 2013
RE Aburili, J
March 15, 2023
IN THE MATTER OF THE ESTATE OF MUSA JARAMBA KAI alias JARAMBA KAI – DECEASED AND IN THE APPLICATION BY PAUL ODHIAMBO JARAMBA
Ruling
1. The Grant was issued in favour of Jane Awino Jaramba on June 11, 2014. The said grant was confirmed on June 29, 2016. The administratix died on January 13, 2019. To date there has been no substitution of the administratix.
2. The application to substitute her was withdrawn vide notice dated September 15, 2022 and filed on September 21, 2022.
3. There being no administrator of the estate of the late Musa Jaramba alias Jaramba Kai, the grant issued and confirmed in favour of Jane Awino Jaramba has no doubt become inoperational.
4. I hereby revoke the grant issued on June 16, 2014 and confirmed on June 29, 2016 in favour of the now deceased Jane Awino Jaramba.
5. The beneficiaries of the estate to identify suitable persons to petition for a fresh grant. Pending that process, there shall be no intermeddling.
6. This file is hereby closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF MARCH, 2022R. E. ABURILIJUDGE