[2023] KEHC 18188 (KLR)
The court found that the applicant, being a son of the deceased and having the support of the entire family, is entitled to priority in appointment as administrator under the Law of Succession Act. The respondent did not object to the application and the family preference was clear. Consequently, the court revoked...
Source-derived case information.
- Citation
- [2023] KEHC 18188 (KLR)
- Parties
- Applicant: Johnstone Kakai Maraka; Respondent: Julius Kakai Murunga
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 360 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- Application granted. Previous grant revoked. Fresh grant to applicant.
- Judges
- REA Ougo
- Legal Topics
- Administration of Estates, Letters of Administration, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnstone Kakai Maraka
Applicant
Julius Kakai Murunga
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether the applicant, as a son of the deceased, should be appointed administrator of the estate.
- 2 Whether the grant of letters of administration intestate issued to the respondent should be revoked.
Ratio Decidendi
The court found that the applicant, being a son of the deceased and having the support of the entire family, is entitled to priority in appointment as administrator under the Law of Succession Act. The respondent did not object to the application and the family preference was clear. Consequently, the court revoked the previous grant of letters of administration intestate issued to the respondent and ordered that a fresh grant be issued in the name of the applicant. The respondent's claim to a beneficial interest in a specific plot was noted, with directions to file supporting documents, but this did not affect the decision on administration.
Court Disposition
Application granted. Previous grant revoked. Fresh grant to applicant.
Orders
- The grant of letters of administration intestate issued to Julius Kakai Murunga on September 18, 2009 is revoked.
- A fresh grant of letters of administration intestate shall issue in the name of Johnstone Kakai Maraka.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Wilson Maraka Murunga (Deceased) (Succession Cause 360 of 2009) [2023] KEHC 18188 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 18188 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 360 of 2009
REA Ougo, J
February 28, 2023
IN THE MATTER OF THE ESTAE OF WILSON MARAKA MURUNGA (DECEASED)
Between
Julius Kakai Murunga
1st Petitioner
Susan Mukhwana Maraka
2nd Petitioner
and
Julius Kakai Murunga
Respondent
Ruling
1. Vide application dated May 4, 2022 the applicant Johnstone Kakai Maraka seeks to be made administrator of the deceased’s estate. He is the son of the deceased. He claims that the current administrator who is their uncle is forcing them to give him a share of their estate. He claims that he has the support of their entire family.
2. The respondent Julius Kakai informed the court that he has no objection if the family has decided that and that he has a beneficial interest in plot No 723.
3. The Law of Succession Act is clear on who can be administrator. Being a son of the deceased the application …priority as one to be an administrator. Its evidenced that he has the support of the entire family. Some of them appeared in court and informed the court that they would rather have the application as the legal administrator.
4. To enable the parties move on with the administration of the deceased I will grant the orders sought. Johnstone Kakai will now be the administrator of the deceased’s estate being the son of Wilson Maraka. I therefore revoke the grant of letters of administration intestate issued to Julius Kakai Murunga on the September 18, 2009. A fresh grant shall issue in the names of Johnstone Kakai Maraka.
5. The respondent claims he has a beneficial interest in plot No LR Ndivisi/Mihuu/723. Let him file his statement/affidavit to support the same. No orders as to costs.
R.E. OUGOJUDGE28/2/2023Before: R.E Ougo JWilkister C/AParties present: Julius Kakai and Johnstone KakaiCourt: Ruling read in open court on the 28. 2.2023.