[2016] KEHC 2266 (KLR)
The court found that the application to substitute the deceased administrator was unopposed and merited. The supporting affidavit confirmed the death of the original administrator and the need for substitution to enable the continued administration of the estate. The court was satisfied that the requirements for...
Source-derived case information.
- Citation
- [2016] KEHC 2266 (KLR)
- Parties
- Applicant: Dominic Kaleli Nzili; Applicant: Geofrey Maingi Nzili; Respondent: Isaac Kitaka Kaleli; Respondent: Stephen M. Kaleli
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 621 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Letters of Administration
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Letters of Administration, Substitution of Administrator, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Kaleli Nzili
Applicant
Geofrey Maingi Nzili
Applicant
Isaac Kitaka Kaleli
Respondent
Stephen M. Kaleli
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Amend Letters of Administration
Legal Issues
- 1 Whether the Letters of Administration should be amended to substitute the deceased administrator with new administrators.
- 2 Whether the application to substitute administrators is merited in the absence of opposition.
Ratio Decidendi
The court found that the application to substitute the deceased administrator was unopposed and merited. The supporting affidavit confirmed the death of the original administrator and the need for substitution to enable the continued administration of the estate. The court was satisfied that the requirements for substitution under the Law of Succession Act and Probate and Administration Rules had been met. Accordingly, the application was allowed as prayed, and the Letters of Administration were ordered to be amended to reflect the new administrators.
Court Disposition
application allowed
Orders
- The Letters of Administration made to Patricia Mumbua Nzili are to be amended by deleting her name and substituting it with the names of Dominic Kaleli Nzili and Geofrey Maingi Nzili.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO.621 OF 2009
IN THE MATTER OF THE ESTATE OF THE LATE PETER NZILI KALELI (DECEASED)
DOMINIC KALELI NZILI
GEOFREY MAINGI NZILI...............................PETITIONERS
AND
ISAAC KITAKA KALELI
STEPHEN M. KALELI.....................................OBJECTORS
RULING OF THE COURT
1. The Application before the court is a Chamber Summons dated 29th April, 2014. The application seeks to amend the Letters of Administration made to PATRICIA MUMBUA NZILI by deleting the name of PATTRICIA MUMBUA NZILI and substitute the same with the name of DOMINIC KALELI NZILIandGEOFREY MAINGI NZILI on the ground that the person initially appointed administrator MUMBUA NZILI has died before confirmation of the grant.
2. The application was served upon the Okemwa & Company Advocate for objectors. They did not respond to the same. Affidavit of service was filed herein on 10th August, 2016.
3. I have carefully considered this application. It is not opposed, and since it seeks to replace a deceased administrator, I have no reason not to grant it. I have also considered the supporting affidavit of ISAAC KITAKA KALELI,I am satisfied that the application is merited and I herewith allow it as prayed.
Orders accordingly.
Read, Delivered and Dated this4TH day of OCTOBER, 2016.
E. K. OGOLA
JUDGE
In the presence of;
Mr. Kaluu holding brief for R.M. Matata for Applicant
Court Assistant – Mr. Munyao