[2019] KEHC 10952 (KLR)
The court held that the application must fail because the law does not allow substitution of a deceased administrator within the same succession cause. Upon the death of an administrator, a fresh application for appointment of an administrator must be made. Furthermore, since the grant had already been confirmed and...
Source-derived case information.
- Citation
- [2019] KEHC 10952 (KLR)
- Parties
- Applicant: Anne Mwihaki Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1062 of 1994
- Procedural Posture
- Succession Cause / Ruling on Amended Summons for Substitution of Administrator and Devolution of Property
- Outcome
- application declined
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant of Letters of Administration, Confirmation of Grant, Substitution of Administrator, Devolution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Mwihaki Kamau
Applicant
Procedural Posture
Succession Cause / Ruling on Amended Summons for Substitution of Administrator and Devolution of Property
Legal Issues
- 1 Whether the court can substitute a deceased administrator with another person in the same succession cause.
- 2 Whether properties devolved to a deceased beneficiary can be devolved to another person within the same file without a fresh suit.
Ratio Decidendi
The court held that the application must fail because the law does not allow substitution of a deceased administrator within the same succession cause. Upon the death of an administrator, a fresh application for appointment of an administrator must be made. Furthermore, since the grant had already been confirmed and the estate distributed, the matter was concluded for purposes of administration in this file. If a beneficiary (such as the late Simon Kamau Kiguongo) dies after confirmation, a separate succession cause must be filed to administer and distribute that beneficiary's estate. The court emphasized that two estates cannot be administered within the same file, and thus declined the...
Court Disposition
application declined
Orders
- The amended summons dated 28th November, 2018 is declined.
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. 1062 OF 1994
IN THE MATTER OF THE ESTATE OF TERESIA KABURA KAMAU
ANNE MWIHAKI KAMAU....................................APPLICANT
R U L I N G
1. The application before court is an amended summons dated 28th November, 2018 and seeks for 2 substantive orders as follows:
i. That this court be pleased to amend the Grant of Letters of Administration intestate dated 26th July 1994 and Certificate of Confirmation of grant dated 16th February 2015 and substitute Simon Kamau Kiguongo (deceased) with Anne Mwihaki Kamau as the legal administrator of the estate of the late Teresia Kaburu Kamau.
ii. That the properties devolved to the late Simon Kamau Kiguongo (deceased) through the Certificate of Confirmation of Grant issued to this court on 16th February, 2015 be devolved to Anne Mwihaki Kamau of National Identity Card No. 3082066 as hereunder:
Description of property Beneficiary shares
Githunguri/Kimathi/483 Anne Mwihaki Kamau absolutely
Shares in Nyakinyua
Investments Ltd Anne Mwihaki Kamau all
2. The application is premised on grounds that the Applicant is the only surviving child of the deceased herein and the deceased administrator/beneficiary.
3. In my view the application must fail for the reasons that:
i. The grant of letters of administration issued to an individual does not survive the person and therefore no substitution can be affected.
After the death of an administrator the law envisages appointment of afresh administrator.
ii. Secondly, the grant herein was confirmed on 16th of February 2015, meaning that for purposes of administration of this estate and distribution the matter was concluded.
iii. If a beneficiary died as in this case, then a fresh suit for purposes of administering the estate of the said person and distribution of his estate ought to be filed. Two estates can not be dealt with in one file.
4. For the above reasons the application is declined.
DATED, SIGNEDandDELIVEREDat NAIROBI this 31ST DAY OF JANUARY, 2019.
.......................
ALI-ARONI
JUDGE