[2019] KEHC 722 (KLR)
The court found that although the applicants were not the persons with the highest priority to administer the estate, the necessary consents from the older children had been obtained and the widow was deceased. The applicants complied with the court's directives, and adequate reasons were provided for their...
Source-derived case information.
- Citation
- [2019] KEHC 722 (KLR)
- Parties
- Applicant: Wanjiku Wakera Wang’ombe; Applicant: Wachuka Gathigia Njoroge; Respondent: Milicent Tabu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1067 of 2017
- Procedural Posture
- Succession Cause / Ruling on Petition for Grant of Representation
- Outcome
- grant issued to applicants as administrators of the estate
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant of Representation, Administrator Priority, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanjiku Wakera Wang’ombe
Applicant
Wachuka Gathigia Njoroge
Applicant
Milicent Tabu
Respondent
Procedural Posture
Succession Cause / Ruling on Petition for Grant of Representation
Legal Issues
- 1 Whether the applicants, as sisters of the deceased, are entitled to be appointed administrators of the estate in priority to the widow and children.
- 2 Whether proper consent of all beneficiaries was obtained for the appointment of the applicants as administrators.
- 3 Whether the court's directives regarding proof of assets and status of the widow were complied with.
Ratio Decidendi
The court found that although the applicants were not the persons with the highest priority to administer the estate, the necessary consents from the older children had been obtained and the widow was deceased. The applicants complied with the court's directives, and adequate reasons were provided for their appointment. The court was satisfied that the requirements of the Law of Succession Act had been met, and therefore granted the application for the applicants to be appointed as administrators of the estate.
Court Disposition
grant issued to applicants as administrators of the estate
Orders
- Grant of representation to the estate of Thoithi Gicere Wang’ombe to issue to Wanjiku Wakera Wang’ombe and Wachuka Gathigia Njoroge.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1067 OF 2017
IN THE MATTER OF THE ESTATE OF THOITHI GICERE WANG’OMBE (DECEASED)
WANJIKU WAKERA WANG’OMBE)
WACHUKA GATHIGIA NJOROGE)........................APPLICANTS
R U L I N G
1. The Applicants, Wanjiku Wakera Wang’ombe and Wachuka Gathigia Njorogepetitioned this court for grant of representation of the estate of the deceased on the 23rd of August 2017. At the time they indicated that Milicent Tabu the widow and 5 children had survived the deceased.
2. The Applicants are sisters of the deceased. A consent was filed of all the beneficiaries. I must at this point mention that 3 signatures in the consent appear to have been signed by one hand.
3. The court directed the Applicants to avail a copy of one of the beneficiaries, give status of the widow and avail proof of assets.
4. The above directives were not fulfilled until the 1st of August 2018.
After which the matter was gazetted and on 2nd November 2018. the matter was placed before me for execution of the grant. At the point I ordered that the widow and her children do appear before court to ascertain the reason why the sisters of the deceased were seeking to be administrators on the face of adults who rank in priority.
5. The court was later to be informed of the widow’s death, the mother to the older children having divorced the deceased much earlier.
6. The older children in an affidavit dated 8th of October 2019 granted consents to the appointment of Applicants. In addition, adequate reasons were advanced to the court’s satisfaction. Consequently, the grant may issue to the Applicants accordingly.
Dated and Delivered in Nairobi on this 19th day of December, 2019
................................
ALI-ARONI
JUDGE