[2013] KEHC 3003 (KLR)
The court held that under Section 81 of the Law of Succession Act, Cap 160, the powers and duties of personal representatives vest in the survivor upon the death of one or more administrators. Since Edward Mbui Kabogo and Hellen Wachuka Kabogo are deceased, their powers and duties as administrators now vest solely...
Source-derived case information.
- Citation
- [2013] KEHC 3003 (KLR)
- Parties
- Applicant: Francis Kamau Kabogo; Respondent: Edward Mbui Kabogo; Respondent: Hellen Wachuka Kabogo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 185 of 1987
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Succession, Administration of Estates, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kamau Kabogo
Applicant
Edward Mbui Kabogo
Respondent
Hellen Wachuka Kabogo
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether the surviving administrator can continue to act as sole administrator after the death of co-administrators.
- 2 Whether a grant of letters of administration de bonis should issue to the surviving administrator.
Ratio Decidendi
The court held that under Section 81 of the Law of Succession Act, Cap 160, the powers and duties of personal representatives vest in the survivor upon the death of one or more administrators. Since Edward Mbui Kabogo and Hellen Wachuka Kabogo are deceased, their powers and duties as administrators now vest solely in Francis Kamau Kabogo. The court therefore allowed the application for substitution and ordered that a grant of letters of administration de bonis issue to Francis Kamau Kabogo for the purpose of completing the administration of the estate.
Court Disposition
application allowed
Orders
- A grant of letters of administration de bonis shall issue to Francis Kamau Kabogo for the purpose of completing administration.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO: 185 OF 1987
AND
IN THE MATTER OF THE ESTATE OF SIMON MWANGI KABOGO (DECEASED)
RULING
The application dated 25th February 2013 is for substitution of a dead administrator.
Grant was made in the matter on 18th May 1987 to Francis Kamau Kabogo, Edward Mbui Kabogo and Hellen Wachuka Kabogo. Edward Mbui Kabogo and Hellen Wachuka Kabogo are now dead. Copies of their certificates of death relating to their deaths are on record.
The applicant would like the court to confirm that he, Francis Kamau Kabogo, continues to act as the sole administrator. Under Section 81 of the Law of Succession Act, Cap 160, Laws of Kenya, the powers and duties of personal representative vest in the survivor on death of one of them. Consequently, following the death of the two administrators their powers and duties vest in Francis Kamau Kabogo.
I will therefore allow the application dated 25th February 2013. A grant of letters of administration de bonis shall issue to Francis Kamau Kabogo for the purpose of completing administration.
DATED, SIGNED and DELIVERED AT NAIROBI THIS 27th DAY OF June 2013.
W.M. Musyoka
JUDGE