[2014] KEHC 7246 (KLR)

[2014] KEHC 7246 (KLR)

The court found that since the citees, upon being served, neither accepted nor refused to seek representation to the estate of the deceased, the citors were entitled to proceed and petition for grant of letters of administration intestate. The absence of action by the citees left the court with no option but to...

Source-derived case information.

Citation
[2014] KEHC 7246 (KLR)
Parties
Applicant: Citors; Respondent: Citees
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 1015 of 2012
Procedural Posture
Succession Cause / Ruling on Petition for Grant of Letters of Administration Intestate
Outcome
Application allowed. Citors permitted to petition for grant of letters of administration intestate.
Judges
DN Musyoka
Legal Topics
Succession, Letters of Administration, Intestate Estate
Source Language
en
Family and Children Succession Letters of Administration Intestate Estate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Citors

Applicant

Citees

Respondent

Procedural Posture

Succession Cause / Ruling on Petition for Grant of Letters of Administration Intestate

Legal Issues

  1. 1 Whether the citors are entitled to petition for grant of letters of administration intestate for the estate of Paul Hiti Gachege.
  2. 2 Whether the citees have accepted or refused to seek representation to the estate.

Ratio Decidendi

The court found that since the citees, upon being served, neither accepted nor refused to seek representation to the estate of the deceased, the citors were entitled to proceed and petition for grant of letters of administration intestate. The absence of action by the citees left the court with no option but to allow the citors' application, in accordance with the Law of Succession Act, which provides for such procedure when those entitled in priority fail to act.

Court Disposition

Application allowed. Citors permitted to petition for grant of letters of administration intestate.

Orders

  • Citors are allowed to proceed and petition for grant of letters of administration intestate in respect of the estate of Paul Hiti Gachege, deceased.