[2019] KEHC 9766 (KLR)
The court found that the original administrator, Benjamin Mburu Waithaka, had died after the grant had been confirmed and issued. The only property in the estate was plot number 306 Gichobo Scheme, which was to be transmitted to the deceased administrator. Since the administration could not be completed due to his...
Source-derived case information.
- Citation
- [2019] KEHC 9766 (KLR)
- Parties
- Applicant: Veronicah Wanjiru Njenga; Respondent: Benjamin Mburu Waithaka (deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 45 of 1997
- Procedural Posture
- Succession Cause / Ruling on Substitution of Administrator After Death of Original Administrator
- Outcome
- application allowed
- Judges
- AG Ndung'u
- Legal Topics
- Administration of Estates, Substitution of Administrator, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Veronicah Wanjiru Njenga
Applicant
Benjamin Mburu Waithaka (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution of Administrator After Death of Original Administrator
Legal Issues
- 1 Whether the applicant should be substituted as administrator of the estate following the death of the original administrator.
- 2 Whether the grant issued to the deceased administrator should be revoked and a new grant issued to the applicant.
- 3 Whether the applicant's powers as administrator should be limited to winding up the estate and transmission of the property.
Ratio Decidendi
The court found that the original administrator, Benjamin Mburu Waithaka, had died after the grant had been confirmed and issued. The only property in the estate was plot number 306 Gichobo Scheme, which was to be transmitted to the deceased administrator. Since the administration could not be completed due to his death, it was necessary to substitute the applicant, Veronicah Wanjiru Njenga, as administrator. The court noted that all beneficiaries had consented to the substitution and that the applicant's powers would be limited to signing the transmission of the property and winding up the estate. The court therefore allowed the application, revoked the earlier grant, and appointed the...
Court Disposition
application allowed
Orders
- Veronicah Wanjiru Njenga is appointed administrator of the estate of Waithaka Njuguna.
- The earlier grant issued to Benjamin Mburu Waithaka is revoked.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 45 OF 1997
IN THE MATTER OF THE ESTATE OF THE LATE WAITHAKA NJUGUNA (DECEASED)
RULING
1. The application before court is dated 5/10/2018. Veronicah Wanjiru Njenga seeks orders;
1. THATthe name of BENJAMIN MBURU WAITHAKA (DECEASED) be substituted with that of VERONICAH WANJIRU NJENGA ID/NO. 3650095.
2. THATthe cost of this application be in the cause.
2. The application is based on the affidavit of the applicant and on grounds;
1. THAT BENJAMIN MBURU WAITHAKA (DECEASED) died on the 18th day of November, 2017 after the grant had been confirmed and issued.
2. THAT for purposes of effective administration of the said estate of WAITHAKA NJUGUNA (DECEASED) it is necessary that the name of BENJAMIN MBURU WAITHAKA (DECEASED) be substituted with that of VERONICAH WANJIRU NJENGA.
3. The gist of the application is that Benjamin Mburu Waithaka who was the administrator of the estate of Waithaka Njuguna is now deceased. A death certificate is annexed. He died on 18/11/2017.
4. It becomes necessary, therefore, to substitute his name with that of Veronicah Wanjiru Njenga, a sister to Benjamin.
5. A consent by the beneficiaries of the estate of Waithaka Njuguna duly signed is exhibited.
6. I have considered the present application. I note that the certificate of confirmation of grant dated 9/10/2015 shows that Benjamin Mburu Waithaka (deceased) who was the administrator in the estate of Waithaka Njuguna had moved the administration of the estate to the stage of confirmation of grant.
7. I further note that, the only named property comprising the estate being plot number 306 Gichobo Scheme was to transmit to Benjamin Mburu Waithaka in whole share.
8. It follows, then, that since the erstwhile administrator is deceased, it is necessary to amend the grant to include the applicant as the administrator.
9. For avoidance of doubt, her powers will be limited to signing of the transmission to Benjamin Mburu Waithaka of title plot number 306 Gichobo Scheme as per earlier orders of court and to wind up the estate. This is the only step remaining in the winding up of the estate if transmission has not already taken place.
10. I therefore allow the application dated 5/10/2018 and make the following orders;
1. Veronicah Wanjiru Njenga is hereby appointed the administrator of the estate of Waithaka Njuguna.
2. Earlier grant issued to Benjamin Mburu Waithaka is hereby revoked.
3. A grant of letters of administration intestate is made to Veronicah Wanjiru Njenga and confirmed in terms appearing in the certificate of confirmation of grant dated 12/10/2015.
4. The said Veronicah Wanjiru Njenga to wind up the administration of the estate and to give account to the court within six (6) months hereof.
5. A mention date for accounts be taken.
6. Costs in the cause.
DatedandDeliveredatNakuruthis13thday ofFebruary, 2019.
A. K. NDUNG'U
JUDGE