[2022] KEHC 10030 (KLR)
The court held that under section 81 of the Law of Succession Act, when one of several administrators dies, the surviving administrator is entitled to continue with the administration of the estate without the need for revocation of the grant and fresh appointment. However, the court found no reason to deny the...
Source-derived case information.
- Citation
- [2022] KEHC 10030 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 518 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Administrator and Preliminary Objection
- Outcome
- application allowed
- Judges
- WM Musyoka
- Legal Topics
- Succession Administration, Replacement of Administrator, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Administrator and Preliminary Objection
Legal Issues
- 1 Whether the grant should be revoked to allow a fresh one to be made to the surviving administrator under section 81 of the Law of Succession Act.
- 2 Whether a new administrator can be appointed to replace the deceased administrator alongside the surviving administrator.
- 3 Whether it is permissible to administer two estates together in one cause.
Ratio Decidendi
The court held that under section 81 of the Law of Succession Act, when one of several administrators dies, the surviving administrator is entitled to continue with the administration of the estate without the need for revocation of the grant and fresh appointment. However, the court found no reason to deny the application for appointment of a new administrator to replace the deceased one, and to confirm the surviving administrator as co-administrator. The court also noted that, although it is unorthodox and impermissible to administer two estates together in one cause, it would not separate the causes due to the age of the matter. The application to appoint the applicant as administrator...
Court Disposition
application allowed
Orders
- The application dated 2nd October 2020 for appointment of administrator is allowed.
- The applicant is appointed as administrator and Lufina Makhungu Muzami is confirmed as co-administrator.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estates of Harun Konzolo Ehalanga (Deceased) and Benjamin Anjugu Muzami (Deceased) (Succession Cause 518 of 2009) [2022] KEHC 10030 (KLR) (13 May 2022) (Ruling)
Neutral citation: [2022] KEHC 10030 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 518 of 2009
WM Musyoka, J
May 13, 2022
Ruling
1. I have read though the petition dated 2nd October 2020, for appointment of an administrator to replace one who has died. The opposition to it is by a notice of preliminary objection dated 20th July 2021, on grounds that the grant on record ought to be revoked to pave way for a fresh one being made to the surviving administrator under section 81 of the Law of Succession Act, Cap 160, Laws of Kenya.
2. There are two estates being administered together in this cause, which is unorthodox and impermissible, for administration of estates of different dead persons ought not to be lumped together, instead they should be handled separately, and there should be separate succession causes for each. I shall, however, not separate the causes, given that this is an old matter.
3. Only one of the administrators has died, and the other administrator survives. Under section 81 of the Law of Succession Act, there is no need to revoke the grant and appoint fresh administrators, instead the court ought to confirm the surviving administrator to continue administration to completion.
4. The present application seeks appointment of a fresh administrator to replace the one who has died, and presumably to confirm the surviving administrator to work with him to complete administration. I see no reason why that cannot be done. I accordingly allow the application dated 2nd October 2020, to appoint the applicant as administrator, and confirm Lufina Makhungu Muzami as co-administrator. Let a grant issue to them accordingly, under Schedule 5 Rule 20 of the Law of Succession Act, for letters of administration intestate of assets unadministered, and the certificate of confirmation of grant on record shall be amended to reflect those changes. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 13thDAY OF May. 2022WM MUSYOKAJUDGEErick Zalo, Court AssistantMr. Mukabwa, instructed by SBA Mukabwa & Co., Advocates for the applicant.Mr. Chitwa, instructed by DC Chitwa & Company, Advocates, for the respondent.