[2024] KEHC 1179 (KLR)
The court found that the applicant had demonstrated the need for substitution as administrator due to the death of the previous administrator, and that the estate, specifically LR. Nkuene/Kathera/738, remained undistributed and was still registered in the name of the deceased. The court accepted the consents of the...
Source-derived case information.
- Citation
- [2024] KEHC 1179 (KLR)
- Parties
- Applicant: Luke Mwirigi Magambo; Administrator: Joseph M’magambo Raibuni alias Joseph Magambo Raibuni
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 13 of 1997
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator and Redistribution of Estate
- Outcome
- application allowed in part
- Judges
- TW Cherere
- Legal Topics
- Administration of Estates, Substitution of Administrator, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luke Mwirigi Magambo
Applicant
Joseph M’magambo Raibuni alias Joseph Magambo Raibuni
Administrator
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator and Redistribution of Estate
Legal Issues
- 1 Whether the applicant should be substituted as administrator in place of the deceased administrator.
- 2 Whether the estate, specifically LR. Nkuene/Kathera/738, should be redistributed as proposed by the applicant.
- 3 Whether the applicant is entitled to distribute his father’s share to himself.
Ratio Decidendi
The court found that the applicant had demonstrated the need for substitution as administrator due to the death of the previous administrator, and that the estate, specifically LR. Nkuene/Kathera/738, remained undistributed and was still registered in the name of the deceased. The court accepted the consents of the beneficiaries and the renunciation of entitlement by some, making it reasonable to distribute the property in equal shares to the named beneficiaries. The court declined the applicant’s request to distribute his father’s share to himself, holding that such distribution must be handled in a separate succession cause for the deceased beneficiary’s estate. The court therefore...
Court Disposition
application allowed in part
Orders
- Luke Mwirigi Magambo is appointed as administrator of the deceased’s estate in place of Joseph M’Magambo Raibuni alias Joseph Magambo Raibuni.
- The Certificate of Confirmation of Grant issued on 7th August, 2019 shall be rectified to distribute LR. Nkuene/Kathera/738 in equal shares to Silas Mwiti J. Raibuni and William John Mugo.
Full Case Text
Judgment text and source record
20 paragraphs
In re Joseph M’magambo Raibuni alias Joseph Magambo Raibuni (Administrator) (Succession Cause 13 of 1997) [2024] KEHC 1179 (KLR) (18 January 2024) (Ruling)
Neutral citation: [2024] KEHC 1179 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 13 of 1997
TW Cherere, J
January 18, 2024
IN AN APPLICATION FOR SUBSTITUION OF THE ADMINISTRATOR
In the matter of
Luke Mwirigi Magambo
Applicant
Ruling
Background 1. A Certificate of confirmation of grant in this matter was issued on 7th August, 2019 distributing the deceased’s the estate as indicated on the face of the Certificate.
2. The Administrator died on 24th April, 2018. The applicant avers that the estates yet to be distributed. He seeks to be substituted with the deceased administrator. He also seeks to redistribute the estate.
3. In the application dated 19th July, 2023, the Applicant seeks to be substituted with the deceased Administrator and for redistribution of LR. Nkuene/Kathera/738.
4. I note that the beneficiaries do not oppose the application and have signed a consent filed together with this application on 2nd August, 2023.
5. Applicant has demonstrated by a copy of search certificate that LR. Nkuene/Kathera/738 is still registered in the name of the deceased. He prays that the same be distributed in equal shares to Silas Mwiti J. Raibuni and William John Mugo on the ground that some of the beneficiaries have renounced their entitlement to the asset for that reason that it would be uneconomical to partition it into small portions.
6. Concerning Plot No. 21, A Nkubu Market. I note the Applicant has proposed to distribute his father’s share to himself. The estate herein belongs to M’Raiboni Munyora and invitation to distribute the entitlement of his son Joseph M’Magambo Raibuni is untenable and it is declined.
7. It is therefore hereby ordered as follows: -a.Luke Mwirigi Magambo is hereby appointed as administrator of deceased’s estate in place of the deceased administrator Joseph M’Magambo Raibuni alias Joseph Magambo Raibuni.b.The Certificate of Confirmation of Grant issued on 07th August, 2019 shall be rectified to the extent that LR. Nkuene/Kathera/738 shall be distributed in equal shares to Silas Mwiti J. Raibuni and William John Mugoc.The share for Joseph M’Magambo Raibuni alias Joseph Magambo Raibuni shall be distributed to his estate and his beneficiaries shall be required to distribute it in a separate cause.d.Letters of Administration shall issue to Luke Mwirigi Magambo and the Certificate of Confirmation of Grant date 07th August, 2019 shall be rectified accordingly.e.This cause shall be mentioned on 29th April 2024 to confirm compliance with these orders and for further orders and/or directions.
DATED AT MERU THIS 18TH DAY OF JANUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Gitonga for Basilio Gitonga, Muriithi & Associates.