[2023] KEHC 25839 (KLR)
The court found that the grant of letters of administration intestate issued to Elizabeth Atieno Juma became useless and inoperational because she failed to distribute the estate and did not file true and accurate accounts as required by Section 83 of the Law of Succession Act. Furthermore, her death on 17th July...
Source-derived case information.
- Citation
- [2023] KEHC 25839 (KLR)
- Parties
- Applicant: Elizabeth Atieno Juma; Respondent: Beneficiaries of the estate of Washington Atieno Juma
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 685 of 2008
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant
- Outcome
- Grant of letters of administration intestate issued to Elizabeth Atieno Juma revoked; beneficiaries to petition afresh for new grant; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Atieno Juma
Applicant
Beneficiaries of the estate of Washington Atieno Juma
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate issued to Elizabeth Atieno Juma should be revoked due to failure to administer and distribute the estate as required by law.
- 2 Whether the beneficiaries should be directed to petition afresh for a new grant of letters of administration.
Ratio Decidendi
The court found that the grant of letters of administration intestate issued to Elizabeth Atieno Juma became useless and inoperational because she failed to distribute the estate and did not file true and accurate accounts as required by Section 83 of the Law of Succession Act. Furthermore, her death on 17th July 2021 rendered her incapable of administering the estate. Consequently, the court revoked the grant and ordered that the beneficiaries of the estate petition afresh for a new grant of letters of administration. The file was ordered closed.
Court Disposition
Grant of letters of administration intestate issued to Elizabeth Atieno Juma revoked; beneficiaries to petition afresh for new grant; file closed.
Orders
- The grant issued on 5th June 2009 and confirmed on 23rd April 2010 in favour of Elizabeth Atieno Juma is revoked.
- The beneficiaries of the estate of Washington Atieno Juma shall petition afresh for a grant of letters of administration.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Washington Atieno Juma - Deceased (Succession Cause 685 of 2008) [2023] KEHC 25839 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25839 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 685 of 2008
RE Aburili, J
November 16, 2023
IN THE MATTER OF THE ESTATE OF WASHINGTON ATIENO JUMA – DECEASED AND IN THE MATTER OF AN APPLICATION BY ELIZABETH ATIENO JUMA (APPLICANT)
Ruling
1. My perusal of this file shows that the grant of letters of administration intestate was issued on 5th June 2009 to Elizabeth Atieno Juma who never distributed the estate until she died on 17th July 2021.
2. No doubt, that grant became useless and inoperational as the Petitioner despite having the grant confirmed on 23rd April 2010, never demonstrated what steps she took in distributing the estate to the beneficiaries and file into court a true and accurate accounts as stipulated in Section 83 of the Law of Succession Act.
3. For the above reasons, I hereby revoke the grant issued on 5th June 2009 and confirmed on 23rd April 2010 in favour of Elizabeth Atieno Juma to administer and distribute the estate of the late Washington Atieno Juma and order that the beneficiaries of the said estate shall petition for afresh grant of letters of administration of the estate in issue as the grant which was issued on 5th June 2009 became inoperational and useless.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 16TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE