[2019] KEHC 9367 (KLR)
The court found that the only asset properly forming part of the deceased's estate was LR Abothuguchi/Githongo/685, as other properties were not registered in the deceased's name. The court determined that the grant of letters of administration issued solely to Joseph Nkonge Matiri should be revoked due to the delay...
Source-derived case information.
- Citation
- [2019] KEHC 9367 (KLR)
- Parties
- Applicant: Joseph Nkonge Matiri; Respondent: Johnson Kaburu Matiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 258 of 2006
- Procedural Posture
- Succession Cause / Ruling on Applications for Revocation of Grant and Appointment of Joint Administrators
- Outcome
- Grant of letters of administration to Joseph Nkonge Matiri revoked; fresh grant issued jointly to Joseph Nkonge Matiri and Johnson Kaburu Matiri; applications for revocation and related reliefs disposed.
- Legal Topics
- Revocation of Grant, Letters of Administration, Estate Distribution, Joint Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nkonge Matiri
Applicant
Johnson Kaburu Matiri
Respondent
Procedural Posture
Succession Cause / Ruling on Applications for Revocation of Grant and Appointment of Joint Administrators
Legal Issues
- 1 Whether the grant of letters of administration issued to Joseph Nkonge Matiri should be revoked.
- 2 Whether Johnson Kaburu Matiri should be appointed as a joint administrator of the estate.
- 3 Which assets properly form part of the deceased's estate for distribution.
Ratio Decidendi
The court found that the only asset properly forming part of the deceased's estate was LR Abothuguchi/Githongo/685, as other properties were not registered in the deceased's name. The court determined that the grant of letters of administration issued solely to Joseph Nkonge Matiri should be revoked due to the delay in seeking confirmation and the need for proper administration. The court appointed both Joseph Nkonge Matiri and Johnson Kaburu Matiri as joint administrators to ensure fair administration and directed them to file summons for confirmation of grant within 14 days. The applications for revocation and related reliefs were thus disposed of, with the pending issue being the...
Court Disposition
Grant of letters of administration to Joseph Nkonge Matiri revoked; fresh grant issued jointly to Joseph Nkonge Matiri and Johnson Kaburu Matiri; applications for revocation and related reliefs disposed.
Orders
- Grant of letters of administration made to Joseph Nkonge Matiri on 28.2.2007 is revoked.
- Grant of letters of administration made jointly to Joseph Nkonge Matiri and Johnson Kaburu Matiri.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION NO. 258 OF 2006
IN THE MATTER OF THE ESTATE OF MUTUNGIMUTHURI ALIAS
STEPHENM’MUTUNGI M’MUTHURI DECEASED
JOHNSON KABURU MATIRI............................................RESPONDENT
VERSUS
JOSEPH NKONGE MATIRI.........................PETITIONER/APPLICANT
RULING
Two application dated 31st March 2016 f or revocation of grant and the one dated 15th September 2017 are due for determination.
On 20. 9.2017 directions were taken that the applications be canvassed by viva voce evidence but later on 31. 5.2018 the court established that the only asset falling for distribution was LR Abothuguchi/Githongo/685. This was upon perusal of Green cards for LR Abothuguchi/Githongo/186 and 762 produced by Johns Kaburu Matiri. LR No. Abothuguchi/Githongo/750 was also evidenced to belong to M’Murithi Matiri son of Matiri – Ex 1, 2 and 3.
When the succession cause herein was filed the only asset listed was LR Abothuguchi/Githongo/685. Grant of Letters of Administration was made to the estate to Joseph Nkonge Matiri on 28th February 2007 and on account of delay to apply for confirmation. Johnson Kaburu Matiri by an application dated 31st March 2016 applied that grant to petitioner be revoked and substitute him with the original petitioner.
The petitioner Joseph Nkonge by Replying Affidavit sworn on 5th May 2016 opposed application for revocation. He said applicant had intermeddled with LR 186 and 162. He gave list of assets as:-
1. Abothuguchi/Githongo/685 – 4. 80 acres
2. LR Abothuguchi/Githongo/186 – 2. 30 acres
3. LR Abothuguchi/Githongo/762 – 1. 20 acres
4. LR Abothuguchi/Githongo/750 – 0. 88 acres
5. LR Nanyuki/Nturukuma/643 – 2. 00 acres
6. LR Nanyuki/Nturukuma/2751 – 0. 1255 acres
The application dated 15. 9.2017 was disposed off when the court established that properties No. Abothuguchi/Githongo 186,762 and 750 were not in the names of the deceased. The court advised that in order to establish source and genesis of the parcels of land that have been found to be in the names of Johnson Kaburu and M’Muritihi, Joseph Nkonge Matiri might have to seek redressing the Environment and Land court. no orders of costs in application dated 20th September 2017.
This court sought for and obtained Records of LR Abothuguchi/Githongo/685 but is yet to obtain records for LR Nanyuki/Nturukuma/643 and 2751. The grant of letters of Administration made to Joseph Nkonge Matiri on 28. 2.2007 is now revoked and same made to Joseph Nkonge Matiri and Johnson Kaburu Matiri jointly. The administrators are hereby directed to file summons for confirmation of the grant made herein immediately and not later than 14 days from date of ruling for consideration of the court on 8. 4.2019.
Where the Joint Administrators are not able to agree on mode of distribution each may file and serve their proposals on each other as well as on all beneficiaries for distribution of :-
1. LR. Abothuguchi/Githongo/685
2. LR Nanyuki/Nturukuma/643 and 2751
Joseph Nkonge applicant in application dated 27. 11. 2018 should supply the court with certified copies of green card for Nanyuki properties. This ruling is therefore deemed to have disposed applications dated 31. 3.2016, 15. 9.2017 and 27. 11. 2018. What is pending is distribution of assets established to be in the names of the deceased.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON THE DAY OF 7th MARCH 2019
HON. A.MABEYA
JUDGE