[2019] KEHC 1545 (KLR)
The court found that the applicant had demonstrated a legitimate stake in the estate of the deceased, particularly in light of the order issued in Kakamega High Court civil case 461 of 1993. The applicant's status as a beneficiary entitled him to seek substitution as co-administrator following the death of the...
Source-derived case information.
- Citation
- [2019] KEHC 1545 (KLR)
- Parties
- Applicant: Dickson Wafula Abayo; Respondent: Gladys Auma Mugeni
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 23 of 1999
- Procedural Posture
- Probate and Administration / Ruling on Substitution and Amendment of Grant
- Outcome
- Application allowed in terms of prayers (a) and (b); no order as to costs.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Grant of Letters of Administration, Substitution of Administrator, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Wafula Abayo
Applicant
Gladys Auma Mugeni
Respondent
Procedural Posture
Probate and Administration / Ruling on Substitution and Amendment of Grant
Legal Issues
- 1 Whether the applicant should be substituted as co-administrator following the death of the original petitioner.
- 2 Whether the applicant has locus standi as a beneficiary of the estate.
Ratio Decidendi
The court found that the applicant had demonstrated a legitimate stake in the estate of the deceased, particularly in light of the order issued in Kakamega High Court civil case 461 of 1993. The applicant's status as a beneficiary entitled him to seek substitution as co-administrator following the death of the original petitioner. The objections raised by the respondent regarding locus standi and alleged abuse of process were not substantiated. Consequently, the court allowed the application for substitution and directed that an amended grant of letters of administration be issued to both the applicant and the respondent as co-administrators. No order was made as to costs.
Court Disposition
Application allowed in terms of prayers (a) and (b); no order as to costs.
Orders
- The deceased petitioner is substituted with the applicant and the respondent as co-administrators.
- An amended grant of letters of administration to issue to the applicant and the respondent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO. 23 OF 1999
IN THE MATTER OF THE ESTATE OF: THOMAS KHONGO WASIGULLY.......DECEASED
AND
IN THE MATTER OF: FLORENCE WABWIRE OMBITO...........PETITIONER/DECEASED
BETWEEN
DICKSON WAFULA ABAYO.......................................................................APPLICANT
AND
GLADYS AUMA MUGENI........................................................................RESPONDENT
RULING
1. Dickson Wafula Abayo, the applicant herein, moved the court by way of Notice of Motion under section 76 of the Law of Succession Act and Rule 73 of Probate and Administration Rules for the following orders:
a. That the deceased petitioner herein be substituted with the applicant and the respondent as co-administrators.
b. That upon the granting of prayer (a), an amended grant of letters of administration be issued to the applicant and the respondent herein.
c. That the costs of the application be provided for.
2. The application was premised on the following grounds:
a. That the petitioner herein is deceased.
b. That the applicant is a beneficiary in respect of SAMIA/BUJWANGA/1721 which was the subject of the decision in Kakamega High Court civil case 461 of 1993.
3. The application was opposed on the following grounds:
a) That the applicant lacks locus standi.
b) That the applicant is a busybody.
c) That the application is an abuse of the due process of court.
4. After perusing the affidavits of both the applicant and the respondent, I am satisfied that the applicant has demonstrated that he has a stake in the estate of the deceased in view of the order issued in Kakamega High Court civil case 461 of 1993. I therefore allow the application in terms of prayers (a) and (b) with no orders as to costs.
DELIVEREDandSIGNEDatBUSIAthis4th dayof December, 2019.
KIARIE WAWERU KIARIE
JUDGE