[2024] KEHC 13739 (KLR)
The court declined to grant the application as presented because the applicant failed to comply with Rule 26 of the Probate and Administration Rules by not obtaining or filing the consent of all beneficiaries to his appointment as administrator. Additionally, the court found that the persons who would be affected by...
Source-derived case information.
- Citation
- [2024] KEHC 13739 (KLR)
- Parties
- Petitioner: Adrew Marete M’Riria; Applicant: Gikanga M’Riria
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 544 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator and Cancellation of Title Deeds
- Outcome
- Application not granted as presented; directions issued for compliance.
- Judges
- LW Gitari
- Legal Topics
- Succession Administration, Grant Confirmation, Beneficiary Consent, Title Deed Cancellation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adrew Marete M’Riria
Petitioner
Gikanga M’Riria
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator and Cancellation of Title Deeds
Legal Issues
- 1 Whether the applicant can be appointed as administrator of the estate without consent of all beneficiaries.
- 2 Whether the court can order cancellation of title deeds issued under a confirmed grant without serving affected parties.
Ratio Decidendi
The court declined to grant the application as presented because the applicant failed to comply with Rule 26 of the Probate and Administration Rules by not obtaining or filing the consent of all beneficiaries to his appointment as administrator. Additionally, the court found that the persons who would be affected by the cancellation of title deeds had not been served, and granting the orders sought would violate their right to be heard. The court emphasized that procedural safeguards must be observed in succession matters to protect the interests of all beneficiaries and affected parties.
Court Disposition
Application not granted as presented; directions issued for compliance.
Orders
- Applicant to file a consent from other beneficiaries confirming no objection to his appointment as administrator.
- Persons likely to be affected by cancellation of title deeds to be served.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of the Late M'Raria M'Mungai alias Riria Miungi - (Deceased) (Succession Cause 544 of 2012) [2024] KEHC 13739 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13739 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 544 of 2012
LW Gitari, J
November 6, 2024
IN THE MATTER OF THE ESTATE OF THE LATE M’RARIA M’MUNGAI alias RIRIA MIUNGI- (DECEASED)
Between
Adrew Marete M’Riria
Petitioner
and
Gikanga M’Riria
Applicant
Ruling
1I have considered the application dated 12/6/2023. The applicant seeks to be appointed as the administrator of the estate of the deceased to replace the petitioner who is now deceased.
2The applicant is also seeking orders to cancel title deeds which were issued under the confirmed grant.
3This application may not be granted as presented because there is none compliance with Rule 26 of the Probate and Administration Rules. The applicant has not annexed a consent signed by all the beneficiaries consenting to his being appointed as the administrator.
4Secondly, the grant which was confirmed shows that the estate was distributed. There may be persons named on the said grant and who may be affected by the order of cancellation of the title deeds. There is no evidence to show that they were served. The order if issued will amount to denying them an opportunity to be heard. I have perused the court record and I have not seen any evidence of service on the beneficiaries. I order that:- 1. The applicant to file a consent from other beneficiaries confirming that they have no objection to have the applicant appointed as the administrator.
2. The person(s) likely to be affected by the order of cancellation of title deeds be served.
DATED, SIGNED AND DELIVERED AT MERU THIS 6THDAY OF NOVEMBER 2024. L.W. GITARIJUDGE6/11/2024