[2009] KEHC 2634 (KLR)
The court held that upon the death of the original administratrix, Alice Cheruto Keter, who left the estate of Cheruiyot Arap Keter partly unadministered, it was proper to appoint a new administrator de bonis non. The applicant, being a son of the deceased and having undertaken to administer the estate according to...
Source-derived case information.
- Citation
- [2009] KEHC 2634 (KLR)
- Parties
- Applicant: Reuben Kipsigei Chepkwony; Respondent: Alice Cheruto Keter
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 200 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator (de Bonis Non)
- Outcome
- Application granted; applicant appointed administrator de bonis non; costs in the estate.
- Legal Topics
- Letters of Administration, De Bonis Non Grant, Substitution of Administrator, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kipsigei Chepkwony
Applicant
Alice Cheruto Keter
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator (de Bonis Non)
Legal Issues
- 1 Whether the applicant should be substituted as administrator de bonis non following the death of the original administratrix.
- 2 What forms and procedural requirements must be fulfilled for the new administrator to be appointed.
Ratio Decidendi
The court held that upon the death of the original administratrix, Alice Cheruto Keter, who left the estate of Cheruiyot Arap Keter partly unadministered, it was proper to appoint a new administrator de bonis non. The applicant, being a son of the deceased and having undertaken to administer the estate according to law, satisfied the requirements for substitution. The court emphasized that the necessary forms and consents must be filed, and the new administrator is to ensure compliance with all procedural requirements, including disclosure of all beneficiaries and registration of guarantees at the lands department. The application was granted with costs to the estate.
Court Disposition
Application granted; applicant appointed administrator de bonis non; costs in the estate.
Orders
- Reuben Kipsigei Chepkwony is appointed administrator de bonis non of the estate of Cheruiyot Arap Keter.
- Applicant to file forms P&A 80, 5, 12, 38, 11, and 57 with disclosure of all daughters and ages.
Full Case Text
Judgment text and source record
54 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO
Succession Cause 200 of 2006
1. Family Law
2. Law of Succession
3. De Bonis non
a) A grant for special purposes.
b) The original administratix passes away
c) application to substitute the original administratix who left the estate partly unadministered by another administrator is known as a De Bonis non
d) form P&A. 86
5th Sch para 16 r 7, 12)
II: Application 15 April, 2009
a) Deceased Cheruiyot Arap Keter passed away on 1st July, 2001 aged 81 years old.
b) Letters of grant issued to his widow on 24. 1.07.
c) widow passes away 9. 11. 08 before the estate is completed
d) Application to regularize substitute deceased widow adminsistratix – De Bonis non.
4. Held
a) application granted to substitute adminstratix widow (now deceased) with a new administrator
b) Forms filed to be regularized.
c) Widow was entitled to file 80,12 and 5 only forms
d) New adminstratix to file form 80,12 ,11,57 & 5 with the daughters to be disclosed of deceased, P&A. 57 to be registered at lands department ages of all summons to be disclosed.
5. Case Law - Nil
6. Advocates
S.K. Oboso advocate instructed by the firm of M/S Oboso & Co. advocates
for the applicants – present
In the matter of estate of
CHERUIYOT ARAP KETER (DECEASED)
AND
ALICE CHERUTO KETER ………………………………… PETITIONER
RULING
De Bonis Non
Application dated 15th April, 2009
I: Background
1. At an old ripe age Cheruiyot Arap Keter passed away aged 81 years old on 1st July, 2001 at Borborwet Samutuk, Kericho. His widow one Alice Cheruto Keter applied for grant of letters of administration intestate (that is the deceased having died without writing a Will) sometime on 26th October, 2006.
2. Letters of grant of administration intestate in Form P&A 41 was issued on the 24th January, 2007(Koome J).
3. Unfortunately Alice Cheruto Keter passed away on the 9th November, 2008 aged 82 years old leaving the estate partially unadministered.
II: Application 15th April, 2009
4. By an application dated 15th April, 2009 one Reuben Kipsigei Chepkwony – related to the deceased and the late adminstratix as their son sought this courts leave to be substituted as an administrator in place of his mother Alice Cheruto Keter, the late administratix.
5. He informed this court through his advocate that he is one of the surviving sons and would faithfully administer according to law all the estate of the deceased why by law demolishes to and vests in his personal representatives for the use and benefits of the heirs of the estate. That he would render a just and time account thereof whenever required by law to do so.
III: Findings
6. De Bonis Non is a grant for special purposes. It is a situation where the original administratix passes away then the said adminsitratix is substituted by another administrator to complete administrating the estate (5th Para 16 r 7, 12).
7. The administatix who passes away has to have a separate letter of grant for her estate. What we are concerned is with the deceased Cheruiyot Arap keters’ estate who passed away first.
8. The application is hereby granted with costs to the estate.
IV: Obiter dictum
9. The original adminstratix was also the widow to the deceased. All that was required to be filed was the petition (P&A 80). The affidavit (P&A 5),the affidavit of justification of proposed administrator P&A 12 and a consent P&A 38 by adult children to their mother of there being no objection on the taking up the letters.
10. Now that the administratix has passed away the new administration duly appointed by this court for De Bonis Non would ensure that Forms 80, 5, 12, 38 are on the court record together with forms P&A 11 affidavit of proposed sureties and P&A 57 Guarantee by personal sureties that is to be sealed and registered at the lands department.
In summary
10. 1. Application De Bonis Non granted to Rebuen Kipsgei Chepkwony to administer the estate from where it was partially left by the late adminstaratix Alice Cheruto Keter.
10. 2. Costs in the estate
DATEDthis 9th day of June, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
S.K. Oboso advocate instructed by the firm of M/S Oboso & Co. advocates
for the applicants – present