[2024] KEHC 4068 (KLR)
The court found that the sole administrator of the estate, Elijah Kioni Ngatia, had died, as evidenced by a burial permit and eulogy referenced in a previous court ruling. In accordance with Section 76 of the Law of Succession Act, the death of the sole administrator rendered the grant inoperative. Since no...
Source-derived case information.
- Citation
- [2024] KEHC 4068 (KLR)
- Parties
- Applicant: Gathoni Njama; Respondent: Elijah Kioni Ngatia
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1351 of 2011
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Application allowed. Grant revoked and new administrator appointed.
- Judges
- MA Odero
- Legal Topics
- Revocation of Grant, Appointment of Administrator, Law of Succession Act, Probate and Administration Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gathoni Njama
Applicant
Elijah Kioni Ngatia
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant of letters of administration issued to Elijah Kioni Ngatia should be revoked or annulled.
- 2 Whether Gathoni Njama should be appointed as the new administrator of the estate.
- 3 Whether the death of the sole administrator renders the grant inoperative under the Law of Succession Act.
Ratio Decidendi
The court found that the sole administrator of the estate, Elijah Kioni Ngatia, had died, as evidenced by a burial permit and eulogy referenced in a previous court ruling. In accordance with Section 76 of the Law of Succession Act, the death of the sole administrator rendered the grant inoperative. Since no opposition was raised to the application, and the estate required a new administrator to facilitate its distribution, the court allowed the application for revocation of the grant and appointed Gathoni Njama as the new administrator. The court made no order as to costs.
Court Disposition
Application allowed. Grant revoked and new administrator appointed.
Orders
- The grant of letters of administration issued to Elijah Kioni Ngatia on 18th May, 2012 and confirmed on 15th August, 2016 is revoked/annulled.
- Gathoni Njama is appointed the administrator of the estate of Ngatia s/o Karari in place of Elijah Kioni Ngatia.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Ngatia s/o Karari (Deceased) (Succession Cause 1351 of 2011) [2024] KEHC 4068 (KLR) (26 April 2024) (Judgment)
Neutral citation: [2024] KEHC 4068 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 1351 of 2011
MA Odero, J
April 26, 2024
In The Matter Of The Estate Of Ngatia S/O Karari (Deceased)
Judgment
1. Before this court is the summons for Revocation/Annullment of Grant dated 23rd May, 2022 by which the Applicant Gathoni Njama seeks the following orders:-“1. That the Grant of letters of Administration issued to Elijah Kioni Ngatia on 18th May, 2012 and confirmed on 15th August, 2016 be revoked / annulled.
2. That Gathoni Njama be appointed the Administrator of the estate of the deceased herein in place of the said Elijah Kioni Ngatia.
3. That the costs of this application be provided for.
2. The application which was premised upon section 76 (a) (b) and (c) of the Law of Succession Act and rules 44 and 73 of the Probate and Administration Rules was supported by the Affidavit of even date sworn by the Applicant.
3. The Application was not opposed.
4. This matter relates to the estate of the late Ngatia s/o Karari who died in the 1950. s (hereinafter ‘the Deceased’). The Deceased was survived by the following persons.i.Elijah Kioni Ngatiaii.Njama Maina (Deceased)iii.Kambo (Deceased)iv.Wilson KarariThe Applicant is the widow of the late Njama Maina, and is therefore a daughter in-law of the Deceased.
5. Following the demise of the Deceased a Grant of Representation was issued to one Elijah Kioni Ngatia on 18th May, 2012. The said Grant was duly confirmed on 15th August, 2016.
6. The Applicant avers that the Deceased held the parcel of land known as LR NO. Maluga Munyange/252 in trust for the late Andrew Kuria Mumbura in equal shares.
7. The Applicant prays that the Grant be revoked to enable the estate be conclusively distributed.
8. In this matter there was only one Administrator appointed to represent the estate of the Deceased. That sole Administrator has now passed away.
9. Although no death certificate was produced I note the contents of the ruling delivered in ELC No. 79 OF 2018 where the court found and held that Elijah Kioni Ngatia had passed away on 21st August, 2018. The court relied on a burial permit and Eulogy as proof of his demise.
10. Where a Sole Administrator passes away then in terms of Section 76 of the Law of Succession Act the Grant so issued becomes useless and inoperative. A new Administrator must be appointed to complete the distribution of the estate.
11. As stated earlier this application has not been opposed. I therefore allow the same in terms of prayers (1) and (2). No orders on costs.
DATED IN NYERI THIS 26TH DAY OF APRIL, 2024. …………………………………………MAUREEN A. ODEROJUDGE