[2015] KEHC 2861 (KLR)
The court found that the death of the original administrator, David Muthumbi Karechu, constituted a subsequent circumstance rendering the grant of letters of administration useless and inoperative. The Law of Succession Act and the Probate and Administration Rules require that only a living person can administer an...
Source-derived case information.
- Citation
- [2015] KEHC 2861 (KLR)
- Parties
- Applicant: Samuel Ngure Karechu; Respondent: David Muthumbi Karechu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 41 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application to Revoke Grant and Appoint New Administrator
- Outcome
- Application allowed; grant to deceased administrator revoked; applicant appointed as new administrator.
- Judges
- J Ngaah
- Legal Topics
- Succession, Grant Revocation, Letters of Administration, Administrator Death
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ngure Karechu
Applicant
David Muthumbi Karechu
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Revoke Grant and Appoint New Administrator
Legal Issues
- 1 Whether the grant of letters of administration intestate should be revoked due to the death of the original administrator.
- 2 Whether the applicant should be appointed as the new administrator of the deceased's estate.
Ratio Decidendi
The court found that the death of the original administrator, David Muthumbi Karechu, constituted a subsequent circumstance rendering the grant of letters of administration useless and inoperative. The Law of Succession Act and the Probate and Administration Rules require that only a living person can administer an estate. Since all beneficiaries consented to the applicant's appointment and there was no opposition, the court held that the grant issued to the deceased administrator should be revoked and a new grant issued to the applicant, Samuel Ngure Karechu.
Court Disposition
Application allowed; grant to deceased administrator revoked; applicant appointed as new administrator.
Orders
- The grant of letters of administration intestate made to David Muthumbi Karechu on 13th May, 2013 is revoked.
- Samuel Ngure Karechu is appointed as the administrator of the estate of the late Simeon Karecho Kirira.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 41 OF 2013
(IN THE MATTER OF THE ESTATE OF SIMEON KARECHU KIRIRA ALIAS SIMEON KARECHO KIRIRA, KARECHU S/O KIRIRA & KARECHO S/O KIRIRA (DECEASAED)
SAMUEL NGURE KARECHU………………………….APPLICANT
RULING
This ruling is on an uncontested application dated 20th January, 2015 brought under Rule 49 of the Probate & Administration Rules. The applicant seeks to have the grant of letters of administration intestate made to one David Muthumbi Karechuon 13th May, 2013 in respect of the estate of Simeon Karecho Kirira(deceased) “set aside” and in his place the applicant be appointed as the administrator of the deceased’s estate.
The basis of the applicant’s application is that the administrator to whom the grant was initially made died on 21st September, 2013; a copy of the certificate of his death has been exhibited to the applicant’s affidavit sworn in support of the summons. I understand the applicant’s case to be that with the demise of the administrator, the letters of administration granted to him have become useless and inoperative.
Filed together with the summons is a consent duly executed by the rest of the persons who are entitled to a share of the deceased’s estate and who would otherwise be entitled to petition for the grant of letters of administration themselves.
Under section 76 (e) of the Law of Succession Act a grant may be annulled or revoked on the ground that it has become useless and inoperative through subsequent circumstances. The demise of an administrator or administratrix is without doubt one of the subsequent circumstances that would render a grant useless or inoperative. Section 51 (1)and (2)(d), section 76(d) of the Act together with rule 26(3) of the Probate and Administration rules presuppose that the grant can only be made and a deceased’s estate can only be administered by a living person. Where the administrator or the administratrix dies before the estate is distributed the grant to him or her serves no purpose.
I am satisfied that for the reasons given, the applicant’s summons dated 10th July 2014 is merited and it is hereby allowed; I therefore order that the grant made to David Muthumbi Karechu on 13th May, 2013 be and is hereby revoked and that Samuel Ngure Karechuis hereby appointed as the administrator of the estate of the late Simeon Karecho Kirira.
Dated, signed and delivered in open court this 31st July, 2015
Ngaah Jairus
JUDGE