[2022] KEHC 12603 (KLR)
The court found that the surviving administrator, Eliphas Mugo Baricusi, had failed to comply with previous directions to move for annulment of the grant following the death of the co-administrator. The Law of Succession Act vests all powers and duties in the surviving administrator, but also imposes a statutory...
Source-derived case information.
- Citation
- [2022] KEHC 12603 (KLR)
- Parties
- Applicant: Eliphas Mugo Baricusi; Respondent: Paskwalina Murugi Mwira (deceased)
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 669 of 2015
- Procedural Posture
- Succession Cause / Ruling on Compliance With Court Directions and Completion of Administration
- Outcome
- Surviving administrator ordered to complete administration within 60 days and file full account; failure to comply will result in revocation of grant.
- Judges
- LW Gitari
- Legal Topics
- Succession, Grant of Administration, Administrator Duties, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliphas Mugo Baricusi
Applicant
Paskwalina Murugi Mwira (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Compliance With Court Directions and Completion of Administration
Legal Issues
- 1 Whether the surviving administrator is obligated to complete the administration of the estate within a specified period after the co-administrator's death.
- 2 Whether the court should invoke its inherent powers to ensure compliance with statutory duties by the administrator.
- 3 What are the consequences of failure by the administrator to comply with court directions regarding the administration of the estate.
Ratio Decidendi
The court found that the surviving administrator, Eliphas Mugo Baricusi, had failed to comply with previous directions to move for annulment of the grant following the death of the co-administrator. The Law of Succession Act vests all powers and duties in the surviving administrator, but also imposes a statutory obligation to complete administration and account for the estate within six months of confirmation of grant. The court, exercising its inherent jurisdiction and statutory mandate to ensure beneficiaries receive their rightful shares, ordered the surviving administrator to complete the administration within 60 days and file a full and accurate inventory and account. Failure to...
Court Disposition
Surviving administrator ordered to complete administration within 60 days and file full account; failure to comply will result in revocation of grant.
Orders
- The surviving administrator, Eliphas Mugo Baricusi, is ordered to complete the administration of the deceased’s estate within 60 days from the date of this ruling.
- The administrator must file a full and accurate inventory of the assets and liabilities of the deceased along with an accurate account of all dealings up to the date of account.
Full Case Text
Judgment text and source record
20 paragraphs
In Re Estate of Mwira Mungi (Deceased) (Succession Cause 669 of 2015) [2022] KEHC 12603 (KLR) (28 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12603 (KLR)
Republic of Kenya
In the High Court at Chuka
Succession Cause 669 of 2015
LW Gitari, J
July 28, 2022
IN THE MATTER OF THE ESTATE OF MWIRA MUNGI (DECEASED)
In the matter of
Elphas Mugo Baricusi
Administrator
Ruling
1. This cause relates to the estate of Mwira Mungi (deceased) who died intestate on 04/10/1986. The deceased left behind two properties that formed part of his estate namely; L.R. No. Mwimbi/N.Mugumango/82 and L.R. No. Mwimbi/N.Mugumango/61.
2. Eliphas Mugo Baricus and Paskwalina Murugi Mwira were appointed as the administrator and administratrix respectively in respect to the subject estate. The two are the son and the widow to the deceased respectively. The grant issued to them was confirmed on December 13, 2016. However, Paskwalina Murugi Mwira died on 1st July 2019 at the prime age of 91 years.
3. Section 81 of the Law of Succession Act provides:“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:Provided that, where there has been a grant of letters of administration which involve any continuing trust, a sole surviving administrator who is not a trust corporation shall have no power to do any act or thing in respect of such trust until the court has made a further grant to one or more persons jointly with him.” (Emphasis added)
4. The surviving administrator in this case is Eliphas Mugo Baricusi. On 09/11/2021, he was directed to move this court for the annulment of the grant. To date, however, the remaining administrator has not complied with the directions of this court. I also note that neither the said administrator nor his advocate was in court on July 13, 2022 when the matter was fixed for a mention.
5. This Court is bestowed with powers under Section 47 of the Law of Succession Act to make such orders under the Act that may be expedient. Further, Rule 73 of Probate and Administration Rules preserve the inherent jurisdiction of this court while dealing with matters succession. The duties of this court as envisaged in the Law of Succession Act are to help the beneficiaries get their rightful shares from a given estate. Where there is any impediment to the administration thereof, this court is allowed to invoke its inherent powers to make the ends of justice meet.
6. Under Section 83(g) of the Law of Succession Act, an administrator is obligated to complete the administration of the estate in respect of all matters within six months from the date of confirmation of the grant and to produce to the court a full and accurate account of the completed administration. The duty to account for the assets, liabilities and dealings of any estate purely lies on the personal representatives. It is a statutory obligation to which the administrator of an estate must adhere without any discretion.
7. In the circumstances of this cause, I order that the surviving administrator, Eliphas Mugo Baricus, is ordered to complete the administration of the deceased’s estate within 60 days in view of the age of this cause from the date of this ruling and file a full and accurate inventory of the assets and liabilities of the deceased along with an accurate account of all dealings therewith up to the date of account. In default, the grant issued to him should stand revoked.The matter shall be mentioned to confirm compliance. The administrator be served with, order by the Deputy Registrar of this court.
DATED, SIGNED AND DELIVERED AT CHUKA THIS 28TH DAY OF JULY 2022. L.W GITARIJUDGE28/7/2022Ruling read out in open court.L.W. GITARIJUDGE