[2008] KEHC 1762 (KLR)
The court found that the objector's claim to entitlement as a son of the deceased was not supported by the evidence. The petitioner established that the objector was not a biological child of the deceased but rather a child of her mother from a previous marriage. The court emphasized that the appointment of an...
Source-derived case information.
- Citation
- [2008] KEHC 1762 (KLR)
- Parties
- Applicant: Veronica Wanjiru Wakuru; Respondent: David Muchiri Gakuru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 615 of 2002
- Procedural Posture
- Succession Cause / Ruling on Objection to Grant of Letters of Administration
- Outcome
- Objection dismissed. Grant of letters of administration to be issued to the petitioner.
- Legal Topics
- Succession, Letters of Administration, Grant of Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Wanjiru Wakuru
Applicant
David Muchiri Gakuru
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Grant of Letters of Administration
Legal Issues
- 1 Whether the objector, David Muchiri Gakuru, is entitled to a grant of letters of administration for the estate of Kuru Murage.
- 2 Whether the petitioner, Veronica Wanjiru Wakuru, is the proper person to be issued with the grant.
Ratio Decidendi
The court found that the objector's claim to entitlement as a son of the deceased was not supported by the evidence. The petitioner established that the objector was not a biological child of the deceased but rather a child of her mother from a previous marriage. The court emphasized that the appointment of an administrator does not equate to inheritance unless the appointee is a beneficiary, and that the issuance of a grant is a prerequisite for the distribution of the estate. Exercising its discretion, the court determined that the petitioner was the appropriate person to be issued with the grant of letters of administration, and dismissed the objection as lacking merit.
Court Disposition
Objection dismissed. Grant of letters of administration to be issued to the petitioner.
Orders
- The objection by David Muchiri Gakuru is dismissed.
- A grant of letters of administration shall be issued to Veronica Wanjiru Wakuru forthwith.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Succ. 615 of 2002
IN THE MATTER OF THE ESTATE OF KURU MURAGE………DECEASED
VERONICA WANJIRU WAKURU………………...................…….PETITIONER
VERSUS
DAVID MUCHIRI GAKURU…………........................……………….OBJECTOR
RULING
David Muchiri Gakuru filed an objection opposing the petition of a grant of letters of representation in the estate of his deceased father to the petitioner Baronica Wanjiru Wakuru. His objection is that he is the one entitled to a grant as he is the son of deceased and was closest to his father. However the petitioner said that the objector is a son of her mother but not of her father. The objector and his sister were children of another father and when their father died their mother was taken over as wife by Gakuru. The objector gave evidence and called witnesses. The petitioner also gave evidence and called witness. There seems to be misunderstanding. The person appointed administrator of the estate does necessarily inherit the estate unless he is a beneficiary. Also a grant must be issued before distribution is allowed. In granting the letter of administration the court has discretion as to the person or person to whom a grant shall in the best interest of all concerned he made.
I have examined the evidence and the wishes of the objector I find his objections are without merit. I dismiss the same and order a grant be issued to the petitioner forthwith.
No order as to costs.
It is so ordered.
Dated this 13th May, 2008.
`
J. N. KHAMINWA
JUDGE
13/5/2008
Khaminwa – Judge
Njue – Clerk
Read in presence of parties.
J. N. KHAMINWA
JUDGE