[2023] KEHC 17878 (KLR)
The death of the sole administrator, Eliud Milimu Mashati, constitutes a subsequent circumstance that renders the grant of letters of administration inoperative under section 76(e) of the Law of Succession Act. The law requires such a grant to be revoked or annulled before a new one can be issued. The applicant...
Source-derived case information.
- Citation
- [2023] KEHC 17878 (KLR)
- Parties
- Applicant: Gladys Khabetsa Mashati; Respondent: Eliud Milimu Mashati (deceased)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 98 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Fresh Grant of Letters of Administration
- Outcome
- application allowed; previous grant annulled; new grant to applicant; applicant to apply for confirmation within 6 months
- Judges
- SC Chirchir
- Legal Topics
- Succession, Grant of Letters of Administration, Revocation of Grant, Death of Administrator
- 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
Gladys Khabetsa Mashati
Applicant
Eliud Milimu Mashati (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Fresh Grant of Letters of Administration
Legal Issues
- 1 Whether the death of the administrator renders the grant of letters of administration inoperative.
- 2 Whether the court should annul the existing grant and issue a new one to the applicant.
Ratio Decidendi
The death of the sole administrator, Eliud Milimu Mashati, constitutes a subsequent circumstance that renders the grant of letters of administration inoperative under section 76(e) of the Law of Succession Act. The law requires such a grant to be revoked or annulled before a new one can be issued. The applicant provided sufficient evidence of the administrator's death, and no opposition was presented. The court, therefore, annulled the previous grant and directed that a new grant be issued to the applicant, Gladys Khabetsa Mashati, with a further order that she apply for confirmation of the grant within six months.
Court Disposition
application allowed; previous grant annulled; new grant to applicant; applicant to apply for confirmation within 6 months
Orders
- The grant of letters of administration issued to Eliud Milimu Mashati is hereby annulled.
- A new grant do issue in favour of Gladys Khabetsa Mashati.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Thomas Masheti Amwoga (Deceased) (Succession Cause 98 of 2003) [2023] KEHC 17878 (KLR) (17 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17878 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 98 of 2003
SC Chirchir, J
May 17, 2023
IN THE MATTER OF THE ESTATE OF THOMAS MASHETI AMWOGA (DECEASED)
In the matter of
Gladys Khabetsa Mashati
Applicant
Ruling
1. By way of summons dated January 23, 2023, the applicant Gladys Khabetsa Mashati seeks for issuance of a fresh grant of letters of Administration in respect of the Estate of Thomas mashati Amwoga (Deceased). The application is brought under section 76(e) of the law of succession Act.
2. The Summons is supported by the Applicant’s affidavit sworn on January 23, 2023.
3. The Applicant has informed court that the Grant in respect of the Deceased Estate had been issued to one ELiud Milimu Mashati who has since died. The applicant has attached a death certificate (EXB GKM1) showing that the Administrator died on March 3, 2022.
4. The Applicant stated that she has since been advised that owing to the death of the Administrator the grant issued as become inoperative.
Determination 5. I have considered the application and the averments in affidavit. The applicant seeks for re-issue of the grant, the current one having been rendered inoperative by the death of the Administrator, ELiud Milimu Masheti.
6. Section 76 of the Law of Succession Act provides as follows;-“76. Revocation or annulment of grant
A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—a……………..b……………..c……………d…………….ethat the grant has become useless and inoperative through subsequent circumstances”.
7. I agree with the Applicant that Death of an Administrator is one of the circumstances that renders a Grant of letters of Administration useless or inoperative.
8. What are the consequences of an inoperative or useless grant?The opening paragraph of section 76 is clear on what is supposed to happen: the grant ought to be revoked or annulled. Thus, the Grant is currently subsisting needs to be annulled or revoked before a new one is issued.
9. Section 76 of the Law of succession Act gives Authority to the court, either on its own motion or at an application of a party to annual or revoke such a Grant.
10. Consequently I make the following orders:aThe Grant of letters of Administration issued to Eliud Milimu Masheti is hereby annulledbA new Grant do issue in favour of Gladys Khaketsa MashaticThe Applicant to apply for confirmation of the Grant within the next 6 months
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAKAMEGA THIS 17TH DAY OF MAY 2023S CHIRCHIRJUDGEin the presence of :-Erick- Court AssisstantNo appearance by the Applicant.