[2019] KEHC 11512 (KLR)
The court found that, despite the implausibility of the recorded age difference between the deceased and the first administrator, there was no reason to doubt the relationship between the petitioners and the deceased. The Chief's letter confirmed that the two petitioners were the sole surviving beneficiaries. Guided...
Source-derived case information.
- Citation
- [2019] KEHC 11512 (KLR)
- Parties
- Applicant: Paul Muia Mutiso; Applicant: David Ndolo Mutei
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1409 of 2018
- Procedural Posture
- Succession Cause / Ruling on Petition for Grant of Letters of Administration
- Outcome
- Letters of administration granted to the two applicants.
- Legal Topics
- Intestate Succession, Letters of Administration, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Muia Mutiso
Applicant
David Ndolo Mutei
Applicant
Procedural Posture
Succession Cause / Ruling on Petition for Grant of Letters of Administration
Legal Issues
- 1 Whether the two petitioners are the lawful beneficiaries entitled to letters of administration for the estate of the deceased.
- 2 Whether the age difference between the deceased and the first administrator precludes the grant of letters of administration.
Ratio Decidendi
The court found that, despite the implausibility of the recorded age difference between the deceased and the first administrator, there was no reason to doubt the relationship between the petitioners and the deceased. The Chief's letter confirmed that the two petitioners were the sole surviving beneficiaries. Guided by section 66 of the Law of Succession Act, the court exercised its discretion to appoint the two sons as administrators of the estate, as they were entitled on intestacy and no other parties had a superior claim.
Court Disposition
Letters of administration granted to the two applicants.
Orders
- Letters of administration to issue to Paul Muia Mutiso and David Ndolo Mutei.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1409 OF 2018
IN THE MATTER OF THE ESTATE OF RODA MBULWA MUTEI (DECEASED)
RULING
1. The Deceased herein RODA MBULWA MUTEI died intestate on 6. 1.2018 at Eastleigh in Nairobi leaving two beneficiaries surviving her namely:
(i)PAUL MUIA MUTISO and,
(ii)DAVID NDOLO MUTEI
2. The two beneficiaries who are sons of the deceased petitioned for Letters of Administration which were not granted on the basis that the age difference between deceased and the 1st administrator was only 9 years.
3. The first Administrator has filed an affidavit stating that his mother gave birth to him at a very young age hence the age difference of 9 years.
4. The Chief’s Letter has confirmed that the deceased left the two sons who are the sole beneficiaries of the Estate.
5. It could be that the dates of birth are not accurate as it is not plausible that the deceased would have given birth to the 1st Administrator at the age of 9 years.
6. I have no reason to doubt the relationship between the 1st Administrator and the deceased.
7. In determining who should be appointed administrators to replace the dead ones, I should be guided by section 66 of the Law of Succession Act, which provides as follows –
‘When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion as to the person or persons to whom a grant of letters of administration shall, in the best interests of all concerned, be made, but shall, without prejudice to that discretion, accept as a general guide the following order of preference –
a. Surviving spouse or spouses, with or without association of other beneficiaries;
b. Other beneficiaries entitled on intestacy, with priority according to their respective beneficial interests as provided in Part V;
c. The Public Trustee; and
d. Creditors.’
8. I direct that letters of Administration to issue to the two Administrators.
Orders to issue accordingly.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 12TH DAY OF JULY, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.