[2011] KEHC 3116 (KLR)
The court held that the application for letters of administration intestate de bonis non was not appropriate because the original administrator of the estate, Anthony Michael Wamagutu Wanjama, was still alive and had not been removed. The doctrine of de bonis non administratis applies only when the original...
Source-derived case information.
- Citation
- [2011] KEHC 3116 (KLR)
- Parties
- Applicant: Joyce Muthoni Wanjama
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 27 of 1990
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- petition struck out
- Legal Topics
- Succession, Letters of Administration, De Bonis Non Administratis, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Muthoni Wanjama
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to letters of administration intestate de bonis non for the estate of Wanjama Mukere.
- 2 Whether the application is appropriate where the original administrator is still alive.
Ratio Decidendi
The court held that the application for letters of administration intestate de bonis non was not appropriate because the original administrator of the estate, Anthony Michael Wamagutu Wanjama, was still alive and had not been removed. The doctrine of de bonis non administratis applies only when the original administrator is deceased or removed, which was not the case here. The applicant, as the widow of a deceased beneficiary, should instead pursue succession proceedings to succeed her late husband and claim his entitlement from the estate, rather than seeking de bonis non administration over the original estate. The petition was therefore struck out as misconceived.
Court Disposition
petition struck out
Orders
- The petition is struck out with no order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
MISC. CASE NO. 27 OF 1990
IN THE MATTER OF THE ESTATE OF WANJAMA MUKERE
JOYCE MUTHONI WANJAMA …………….……. APPLICANT
RULING
Joyce Muthoni Wanjama, the applicant herein, has taken out the petition dated 12th May 2010, in which she sought to be given letters of administration intestate in respect of the estate of Wanjama Mukere, deceased. The petition is supported by the affidavit of the applicant.
Basically, the applicant is seeking for the aforesaid letters to enable her administer the an unadministered assets. The applicant averred in her affidavit that letters of administration intestate in respect of the estate of Wanjama Mukere, deceased was made to Anthony Michael Wamagutu Wanjama on 27th March 2009. One of the beneficiaries, Benson Wanjama Njeru was given 1. 214 Ha to be excised from L.R. No. Tetu/Karaihu/518 as his inheritance from the deceased’s estate. It is said that Benson Wanjama Njeru died on 20th December 2009 thus leaving part of the estate unadministered. In order to understand the applicant’s application it is important to discover the meaning and import of de bonis non administratis which basically means the assets or property not administered. Such an application is usually made after the first administrator dies or is removed. When the first administrator of an intestate estate dies or is removed, the second administrator is called an administrator bonis non who administers the goods and or property not administered by the previous executor. The application before me is that of the widow of one of the beneficiaries who died before getting his share of the estate. The person appointed herein to administer the estate of Wanjama Mukere, deceased, is one Anthony Michael Wamagutu Wanjama. The aforesaid administrator is not dead. The application therefore is not the one envisaged by law. What is apparent is that the inheritance of Benson Wanjama Njeru, deceased from the estate of Wanjama Mukere, deceased, was not transmitted to Benson Wanjama Njeru, deceased during his lifetime. If well advised, the applicant should be able to take out the relevant proceedings to succeed her late husband to enable her receive the entitlement of the deceased from the estate of Wanjama Mukere, deceased.
In the end I find that the petition is not appropriate in the circumstances. The same is hereby ordered struck out with no order as to costs.
Dated and delivered this 4th day of March 2011.
J.K. SERGON
JUDGE
In court in the presence of Mr. Mugo for the applicant.
J.K. SERGON
JUDGE