[2009] KEHC 535 (KLR)
The court held that Aziza Juma Athumani, having been appointed as a co-administrator by a previous court order, must be formally included in the certificate of grant of letters of administration. The court further found that it could not proceed to confirm the grant or determine the mode of distribution in the...
Source-derived case information.
- Citation
- [2009] KEHC 535 (KLR)
- Parties
- Applicant: Damaris Wanjiku Maninu; Applicant: Margaret Kanini Katuku; Respondent: Aziza Juma Athumani; Respondent: Fatuma Hassan Wambui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 1400 of 2005
- Procedural Posture
- Succession Cause / Ruling on Confirmation of Grant and Inclusion of Co Administrator
- Outcome
- Partial orders granted; confirmation of grant deferred.
- Legal Topics
- Succession, Administration of Estates, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damaris Wanjiku Maninu
Applicant
Margaret Kanini Katuku
Applicant
Aziza Juma Athumani
Respondent
Fatuma Hassan Wambui
Respondent
Procedural Posture
Succession Cause / Ruling on Confirmation of Grant and Inclusion of Co Administrator
Legal Issues
- 1 Whether Aziza Juma Athumani should be formally included as a co-administrator in the grant of letters of administration.
- 2 Whether the court can confirm the grant in the absence of a proposed mode of distribution and list of beneficiaries from the objector.
Ratio Decidendi
The court held that Aziza Juma Athumani, having been appointed as a co-administrator by a previous court order, must be formally included in the certificate of grant of letters of administration. The court further found that it could not proceed to confirm the grant or determine the mode of distribution in the absence of a proposal from Aziza Juma Athumani regarding the list of assets, beneficiaries, and her suggested mode of distribution. The court therefore ordered her to file and serve these documents within 14 days, after which the summons for confirmation of grant would be set down for hearing. The court's decision was grounded in the need for procedural fairness and compliance with...
Court Disposition
Partial orders granted; confirmation of grant deferred.
Orders
- Aziza Juma Athumani to be formally included in the certificate of grant of letters of administration as co-administrator.
- Aziza Juma Athumani to file and serve within 14 days her list of assets, beneficiaries, and proposed mode of distribution, including the additional land asset.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS ) Succession Cause 1400 of 2005
IN THE MATTER OF THE ESTATE OF ABBAS ATHUMANI ALIAS MICHAEL KIMANI MANINU (DECEASED)
R U L I N G
In this matter relating to the estate of the late MICHAEL KIMANI MANINU alia ABBAS ATHUMANI, DAMARIS WANJIKU MANINU & MARGARET KANINI KATUKUwere on 8th September, 2005 appointed as the administrators. Before then, AZIZA JUMA ATHUMANI and FATUMA HASSAN WAMBUI were cited as having failed to take out letters of administration by the said DAMARIS WANJIKU and MARGARET KANINI.
In or around March, 2006, by Summons dated 13th March, 2006, AZIZA JUMA ATHUMANI applied for revocation or annulment of grant. Again on 28th July, 2008, the same AZIZA JUMA filed an affidavit sworn on 28th July, 2008 claiming that a plot No. L.R. 2/39 bought by the deceased under the Posts & Telecommunications Employee Housing Cooperative Society Ltd. be included in the list of assets. This was after an administrator DAMARIS WANJIKU MANINU filed a summons for confirmation of grant on 26th March, 2007.
On 24/2/2009, by consent, Onyancha J. ordered that AZIZA JUMA be appointed a joint administrator. That must have settled the application for revocation. However, I observe that she has not yet been formally included in the letters of administration. In addition, now she claims to object to the proposed mode of distribution, but she has not filed her own proposal on who the beneficiaries are, what the assets are, and her proposed mode of distribution. Because of that gap; I cannot make a substantive decision on the application for confirmation of grant.
I therefore order as follows-
1. Aziza Juma Athumani should formally be
Included in the certificate of grant of letters of administration herein, as a co-administrator as ordered by the court of 24th February, 2009.
2. Aziza Juma Athumani should within 14 days
from today file and serve her own list of assets, list beneficiaries and proposed mode of distribution of the estate, including the additional land asset.
3. Thereafter, a hearing date for the summons for
confirmation of grant be taken in the registry.
Dated and delivered at Nairobi this 10th day of November,
2009.
George Dulu
Judge.
In the presence of-
Damaris Wanjiku Maninu
Aziza Juma Athumani
David Court clerk.