[2014] KEHC 7580 (KLR)
The court found that, following the consolidation of two succession causes relating to the estate of Wilfred Kaburunje Gitau, there were five administrators in place, which contravenes Section 56(1)(b) of the Law of Succession Act that limits the number of administrators to four. However, since Margaret Wairimu...
Source-derived case information.
- Citation
- [2014] KEHC 7580 (KLR)
- Parties
- Applicant: Margaret Wairimu Kaburunje; Applicant: Stephen Mbugua Kaburunje; Applicant: Susan Wangari Gitau; Applicant: James Karinga Kaburunje
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2259 of 2011
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators
- Outcome
- grants revoked and new administrators appointed
- Judges
- DN Musyoka
- Legal Topics
- Appointment of Administrators, Law of Succession Act, Grant of Representation, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wairimu Kaburunje
Applicant
Stephen Mbugua Kaburunje
Applicant
Susan Wangari Gitau
Applicant
James Karinga Kaburunje
Applicant
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators
Legal Issues
- 1 Whether the number of administrators appointed for the estate exceeds the statutory maximum under the Law of Succession Act.
- 2 Who should be appointed as administrators of the estate of Wilfred Kaburunje Gitau.
Ratio Decidendi
The court found that, following the consolidation of two succession causes relating to the estate of Wilfred Kaburunje Gitau, there were five administrators in place, which contravenes Section 56(1)(b) of the Law of Succession Act that limits the number of administrators to four. However, since Margaret Wairimu Kaburunje was appointed in both causes, the effective number of administrators is four. The court revoked the previous grants and appointed Margaret Wairimu Kaburunje, Stephen Mbugua Kaburunje, Susan Wangari Gitau, and James Karinga Kaburunje as the administrators of the estate, in compliance with the statutory limit. The court further directed that a grant of letters of...
Court Disposition
grants revoked and new administrators appointed
Orders
- The grants referred to in paragraph 2 are hereby revoked.
- Margaret Wairimu Kaburunje, Stephen Mbugua Kaburunje, Susan Wangari Gitau, and James Karinga Kaburunje Gitau are appointed administrators of the estate of Wilfred Kaburunje Gitau.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KENYA
SUCCESSION CAUSE NO. 2259 OF 2011
IN THE MATTER OF THE ESTATE OF WILFRED KABURUNJE GITAU –( DECEASED)
RULING
The only issue for determination is the appointment of administrators. This has become an issue because after the deceased’s death his family commenced two causes being High Court Succession Cause No. 2259 of 2011andHigh Court Succession Cause No. 2396 of 2011.
In High Court Succession Cause No. 2259 of 2011 representation was made to Susan Wangari Gitau, James Karinga Kaburunje and Margaret Wairimu Kaburunje on 6th June 2012. Susan is a sister of the deceased, James is a son of the deceased, while Margaret is a widow of the deceased. In High Court Succession Cause No. 2396 of 2011 representation was made to Margaret Kaburunje and Stephen Mbugua Kaburunje, widow and son, respectively, of the deceased.
The two causes were consolidated by a ruling of the court made on 18th March 2013. The consolidation of the two causes meant that there now are five (5) administrators in place. The law does not countenance that. Section 56 (1) (b) of the Law of Succession Act provides that no grant of representation shall be made to more than four persons over the same property.
I note that Margaret Wairimu Kaburunje was appointed administrator in both causes. In reality then there are only four administrators following the two cause are consolidation of the two causes.
Given the above background I will make the following orders:-
That the grants referred to in paragraph 2 above are hereby revoked.
That I appoint Margaret Wairimu Kaburunje, Stephen Mbugua Kaburunje, Susan Wangari Gitau and James Karanja Kaburunje Gitau, administrators of the estate of Wilfred Kaburunje Gitau, deceased.
That grant of letters of administrators intestate issue to them accordingly.
That grant of letters of administrators shall apply for the confirmation of the said grant in the next 45 days.
That the matter shall be mentioned after 45 days for compliance.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE