[2019] KEHC 10234 (KLR)
The court held that the applicant, having purchased property from a beneficiary, does not have a sufficient interest in the estate to be substituted as administrator. Furthermore, substitution of a deceased administrator requires the consent of all beneficiaries, which was not obtained. The proper course for the...
Source-derived case information.
- Citation
- [2019] KEHC 10234 (KLR)
- Parties
- Applicant: John Muturi Njuguna
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2792 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- application declined
- Judges
- A Ali-Aroni
- Legal Topics
- Administration of Estates, Substitution of Administrator, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muturi Njuguna
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether the applicant can be substituted as administrator in place of a deceased administrator without the consent of all beneficiaries.
- 2 Whether a purchaser from a beneficiary can be appointed as administrator of the estate.
Ratio Decidendi
The court held that the applicant, having purchased property from a beneficiary, does not have a sufficient interest in the estate to be substituted as administrator. Furthermore, substitution of a deceased administrator requires the consent of all beneficiaries, which was not obtained. The proper course for the applicant is to pursue his claim in the estate of the deceased beneficiary from whom he purchased the property, not in the estate of Wilson Icharia Ngethe. The application was therefore declined.
Court Disposition
application declined
Orders
- The application for substitution of administrator is declined.
- No order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI (FAMILY DIVISION)
SUCCESSION CAUSE NO 2792 OF 1997
IN THE MATTER OF THE ESTATE WILSON ICHARIA NGETHE
(DECEASED)
JOHN MUTURI NJUGUNA............................................APPLICANT
RULING
1. Before court is an application seeking to substitute one of the administrators of the estate of Wilson Icharia Ngethe so that in place of one Nelson Kahiu Echaria now deceased one John Muturi Njuguna becomes the administrator.
2. The deceased left several properties and had 6 heirs one of them was Nelson Kamau Echaria. The applicant claims to have bought properties RuiruEast/Juja Block 2/1526 & 2/1527 from Nelson Kamau Echaria.
3. From the record the administrator of this estate is Edward Kubai, he is not said to have died. There are several other beneficiaries as well. None of their consents have been obtained.
4. In any event if an administrator is deceased he can only be replaced with consent of all. A stranger cannot be put in place. Secondly the administrator herein is not said to have been dead when the grant was being confirmed. Or to have died subsequently. Though from the record Nelson Kamau Echaria was already deceased at the time of confirmation of the grant herein.
5. The Applicant must engage the administrator in this estate of Nelson Kamau Echaria so that if he is a genuine buyer, he may he considered as a liability in Nelson’s estate.
6. The application is therefore declined as he has no interest in this particular estate. No order as to costs.
Dated and Delivered in Nairobi on this 7th day of February, 2019
ALI-ARONI
JUDGE