[2020] KEHC 3096 (KLR)
The court found that the grant of letters of administration intestate issued to the widow, Teresiah Njeri Waithaka, became useless and inoperative upon her death before the estate was fully transmitted. In accordance with section 76(e) of the Law of Succession Act and established case law, the court revoked the...
Source-derived case information.
- Citation
- [2020] KEHC 3096 (KLR)
- Parties
- Applicant: Mary Wambui Waithaka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 482 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Application allowed. Grant to the deceased widow revoked. Fresh grant and confirmation issued to the applicant.
- Judges
- AO Muchelule
- Legal Topics
- Revocation of Grant, Intestate Succession, Administrator Death, Estate Transmission
- 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
Mary Wambui Waithaka
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate issued to the deceased widow became useless and inoperative upon her death.
- 2 Whether the applicant is entitled to a fresh grant and confirmation as the sole surviving beneficiary.
Ratio Decidendi
The court found that the grant of letters of administration intestate issued to the widow, Teresiah Njeri Waithaka, became useless and inoperative upon her death before the estate was fully transmitted. In accordance with section 76(e) of the Law of Succession Act and established case law, the court revoked the previous grant and issued a fresh grant to the applicant, Mary Wambui Waithaka, as the sole surviving beneficiary. The court further directed that a fresh certificate of confirmation be issued to the applicant, and that the plots subject to the sale agreement be confirmed in the joint names of the purchasers.
Court Disposition
Application allowed. Grant to the deceased widow revoked. Fresh grant and confirmation issued to the applicant.
Orders
- The grant issued to Teresiah Njeri Waithaka on 10th February 2017 and confirmed on 6th March 2018 is revoked.
- A fresh grant is issued to Mary Wambui Waithaka.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 482 OF 2015
IN THE MATTER OF THE ESTATE OF WAITHAKA KIGO WAITHAKA (DECEASED)
MARY WAMBUI WAITHAKA.................................................................APPLICANT
RULING
1. The deceased Waithaka Kigo Waithaka died intestate on 23rd March 1995. He was survived by his widow Teresiah Njeri Waithaka and daughter Mary Wambui Waithaka (the applicant). He left a parcel of land LR No. 14225/162 (survey plan No. 145322 and Title No. 52388) in Kamuthi/Maziwa in the City of Nairobi. On 2nd March 2015 the widow petitioned for the grant of letters of administration intestate. She was issued with the grant on 10th February 2017. The grant was confirmed on 6th March 2018. She inherited the property.
2. On 7th June 2019 the widow died. She had entered into a sale agreement with Anne Wairimu Kiarie and Kennedy Mukiri to whom he was conveying two portions LR Nos 14225/162/A and B, and measuring 50ft by 50ft. They were subdivisions of the parcel she had inherited from the deceased. It is clear that the estate had not been formally transmitted to her. She therefore died before she had transferred the two subdivisions to the purchasers.
3. On the basis that the grant to the widow of the deceased has become useless and inoperative on account of her death, the applicant has applied under section 76 of the Law of Succession Act (Cap 160)for revocation. The application was not opposed.
4. The widow was the sole administrator of the estate of the deceased. When she died the grant became useless and inoperative under section 76(e)of the Act (Julia Mutune M’Mboroki –v- John Mugambi M’Mboroki & 3 others [2016]eKLR).
5. I will allow the application, and revoke the grant issued to the late Teresiah Njeri Waithaka on 10th February 2017 and confirmed on 6th March 2018. I issue a fresh grant to the applicant Mary Wambui Waithaka. I direct that a fresh certificate of confirmation does issue to Mary Wambui Waithaka who shall inherit the balance of LR No. 14225/162 (Survey Plan No. 145322 and Title No. 52388) in Kamuthi/Maziwa in the City of Nairobi, and plots A and B in LR 14225/162 contained in the sale agreement signed on 24th May 2011 shall be confirmed in the joint names of Anne Wairimu Kiarie and Kennedy Mukiri.
DATED and DELIVERED at NAIROBI this 22ND SEPTEMBER 2020.
A.O. MUCHELULE
JUDGE