[2015] KEHC 432 (KLR)
The court held that it is premature to address substantive matters concerning the administration of the estate, such as accounting, before the issue of representation is resolved. The administration of the estate must first be committed to a particular person through the grant of representation, who would then be...
Source-derived case information.
- Citation
- [2015] KEHC 432 (KLR)
- Parties
- Respondent: Objectors (names not specified); Applicant: Petitioners (names not specified)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1783 of 2013
- Procedural Posture
- Succession Cause / Preliminary Directions Before Grant of Representation
- Outcome
- Objection proceedings to the petition for grant of letters of administration to be heard on priority; directions issued for hearing and filing of documents.
- Judges
- DN Musyoka
- Legal Topics
- Succession Procedure, Grant of Letters of Administration, Objection Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Objectors (names not specified)
Respondent
Petitioners (names not specified)
Applicant
Procedural Posture
Succession Cause / Preliminary Directions Before Grant of Representation
Legal Issues
- 1 Whether it is appropriate to address issues such as accounting before the grant of representation is issued.
- 2 How objections to the petition for grant of letters of administration should be handled procedurally.
Ratio Decidendi
The court held that it is premature to address substantive matters concerning the administration of the estate, such as accounting, before the issue of representation is resolved. The administration of the estate must first be committed to a particular person through the grant of representation, who would then be accountable to the court and the heirs. Accordingly, all pending matters should be addressed only after the grant is issued. The court directed that the objection proceedings to the petition for grant of letters of administration be heard expeditiously, based on oral evidence, and that parties file and serve their witness statements and documentary bundles within thirty days.
Court Disposition
Objection proceedings to the petition for grant of letters of administration to be heard on priority; directions issued for hearing and filing of documents.
Orders
- Objection proceedings to be heard in Nairobi for two days before a single judge.
- Proceedings to be based on oral evidence with parties and witnesses cross-examined on their statements.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1783 OF 2013
IN THE MATTER OF THE ESTATE OF NELSON NDARA KOITABA (DECEASED)
RULING
1. There has been fairly heavy litigation in this matter so far eventhough no grant of representation has been made. Issues relating to accounting and so forth have arisen.
2. In my view it is premature to raise these matters before the issue of representation is resolved. The administration of the estate is yet to be committed to anyone, who would then be accountable to the court and the heirs. All the matters that are being raised now should come up after administration has been committed to a particular person. It would then easier to resolve them.
3. I note that objections have been raised to the petition for grant of letters of administration on record. The objectors have filed their answers to the petition and their cross-petitions.
4. To move the matter forward, I do hereby direct as follows:
(a)That the objection proceedings herein shall be heard in Nairobi for two (2) days before a single judge;
(b)That the same shall be based on oral evidence and the matter shall proceed by way of the parties and their witnesses being crossed on their statements;
(c)That the parties are hereby granted thirty (30) days to file and serve witness statements and bundles of the documents that they propose to put in evidence; and
(d)That the matter shall be heard on a date to be given at the registry on priority.
DATED, SIGNED and DELIVERED at NAIROBI this 18TH DAY OF DECEMBER, 2015.
W. MUSYOKA
JUDGE