[2025] KEHC 1054 (KLR)
The court found that the original administrator, Andrea Maishura Marira, was deceased and that there was a need to revoke the grant and substitute her with Elmina Bwenda Andrea as administrator to enable completion of the administration of the estate. However, the court held that substitution as a beneficiary is not...
Source-derived case information.
- Citation
- [2025] KEHC 1054 (KLR)
- Parties
- Applicant: Fabiano Masabo Morira; Respondent: Andrea Maishuba Morira
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 164 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Substitution and Rectification of Grant
- Outcome
- partially allowed
- Judges
- TA Odera
- Legal Topics
- Grant of Letters of Administration, Substitution of Administrator, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fabiano Masabo Morira
Applicant
Andrea Maishuba Morira
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Substitution and Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be revoked and a new administrator substituted due to the death of the original administrator.
- 2 Whether substitution as a beneficiary is permissible under Section 74 of the Law of Succession Act.
Ratio Decidendi
The court found that the original administrator, Andrea Maishura Marira, was deceased and that there was a need to revoke the grant and substitute her with Elmina Bwenda Andrea as administrator to enable completion of the administration of the estate. However, the court held that substitution as a beneficiary is not provided for under Section 74 of the Law of Succession Act, as this section only allows rectification for errors or omissions. The court directed that a separate succession cause be filed for the estate of the deceased administrator if substitution as a beneficiary is sought. The application was thus partially allowed, with no orders as to costs, and the administration was to...
Court Disposition
partially allowed
Orders
- The grant of letters of administration issued to Andrea Maishura Marira is revoked.
- Elmina Bwenda Andrea is substituted as administrator of the estate.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of the Late Nyamo Morira - Deceased (Succession Cause 164 of 2013) [2025] KEHC 1054 (KLR) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1054 (KLR)
Republic of Kenya
In the High Court at Kisii
Succession Cause 164 of 2013
TA Odera, J
February 17, 2025
In the matter of
Andrea Maishuba Morira
Petitioner
Ruling
1. Fabiano Masabo, Morira the applicant herein filed summons for substitution and rectification of grant dated 16. 7.24. He sought the orders on the grounds that the grant of letters of administration were issued to Andrea Maishura Marira on 20. 1.14 and confirmed on 10. 3.16. The said administrator died on 13. 12. 2013 before completion of administration. The applicant now wants him to be substituted with Elmina Bwenda Andrea as an administrator and also as a beneficiary.
2. The application is not opposed.
3. I have carefully considered the application and I have seen the death certificate of the administrator annexed to the supporting affidavit.
4. I am satisfied that the administrator is deceased and there is need to revoke the grant and substitute him with Elmina Bwenda Andrea as an administrator as prayed.
5. As for substitution as a beneficiary this is not provided for under Section 74 of the Law of Succession Act as it is not an error or omission. A separate succession cause for the estate of Andrea Maishura Marira (deceased) be filed.
6. The application is thus partially allowed. No orders as to costs. Administration be concluded within 90 days. Mention on 10. 6.2025.
T.A ODERAJUDGE17. 2.25Delivered virtually in the Presence of:The applicantAll the beneficiaries.Court Assistant: Oigo