[2004] KEHC 2423 (KLR)
The court found that although there was no evidence of fraud by the administrators, they failed in their duties to safeguard the estate and account for its assets. They commenced distribution without confirmation of the Grant and did not manage the estate for the benefit of all beneficiaries. Under Section 76 of the...
Source-derived case information.
- Citation
- [2004] KEHC 2423 (KLR)
- Parties
- Applicant: Esther Wamboi Karanja; Applicant: Wanjiru Karanja Githu; Respondent: Jacinta Wangechi; Respondent: Alice Wanjiru
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 38 of 1999
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Grant revoked; estate to be administered by Public Trustee.
- Legal Topics
- Grant Revocation, Administration of Estate, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Wamboi Karanja
Applicant
Wanjiru Karanja Githu
Applicant
Jacinta Wangechi
Respondent
Alice Wanjiru
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the Grant of Letters of Administration was obtained fraudulently or improperly.
- 2 Whether the administrators have properly safeguarded and managed the estate for the benefit of all beneficiaries.
- 3 Whether the Grant should be revoked under Section 76 of the Law of Succession Act.
Ratio Decidendi
The court found that although there was no evidence of fraud by the administrators, they failed in their duties to safeguard the estate and account for its assets. They commenced distribution without confirmation of the Grant and did not manage the estate for the benefit of all beneficiaries. Under Section 76 of the Law of Succession Act, the court has the power to revoke a Grant where the administrators are incapable of properly administering the estate. The court exercised this power, declaring the Grant null and void and revoking it. The estate was ordered to be handed over to the Public Trustee for proper administration.
Court Disposition
Grant revoked; estate to be administered by Public Trustee.
Orders
- The Grant issued on 15/3/2001 is declared null and void and is hereby revoked.
- The estate shall be handed over to the Public Trustee for administration at the instance of any one beneficiary.
Full Case Text
Judgment text and source record
48 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
SUCCESSION CAUSE NO. 38 OF 1999
IN THE MATTER OF: THE ESTATE OF KARANJA HOSSAN BORN
KARANJA also known as ELIZABETH WANGUI
J U D G M E N T
Esther Wamboi Karanja and Wanjiru Karanja Githu petitioned for Letters of
Administration of the Estate of ELIZABETH WANGUI (DECEASED). The relationship
of the deceased and the Petitioners was that of mother and sister. Grant was issued by
this court on 15/3/2001. On 8/3/2002 Jacinta Wangechi and Alice Wanjiru applied for
the revocation of the Grant issued on 15. 3.2001 saying that the Grant was obtained
fraudulently and for other grounds set out on the body of the application. Affidavit in
support is sworn by Jacinta Wangechi. The Grant is not confirmed.
The parties agreed to give oral evidence to support their respective side of the
story. The court has examined the affidavits in support of the application. The dispute
appears to have arisen because the two Petitioners who were issued with the Grant are not
conversant with their duties. The mother Wanjiru Karanja Githu was left to sign all
documents because Esther Wambui Karanja her daughter said she left the matter to her
mother to do everything. I do not find that these two people acted fraudulently but they
were not keeping accounts and do not appear to have safeguarded the estate for the
benefit of all beneficiaries. It is not clear who collects rents and where the money is
deposited. The estate comprises of:-
Plot in Kisauni
Plot in Kongowea
Nissan Matatu KAH 855 S.
Plot at Mkaburini
Plot at Lungalunga
Account with Barclays Bank from which the money appears to have been drawn from the
bank and distributed in a manner that does not please all the beneficiaries.
The method of distribution of estate where the deceased left no will is set out in
the Succession Act, Part V.
I find that all the complainants are entitled to inherit the estate of their deceased
sister according to law.
Regarding the issue of revocation of Grant, Section 76 grants court power to
revoke a grant on its motion.
I am satisfied that the present holders of the Grant are not capable of
administering the estate for the benefit of all beneficiaries. Since the Grant was issued
they have commenced distribution of estate without seeking confirmation of Grant. They
are not taking care of the assets of the estate.
In the circumstances, I do declare the Grant issued on 15/3/2001 null and void and
I hereby revoke the same.
The costs of this application shall be out of the estate.
Further I direct that the estate be handed over to Public Trustee for Administration
at the instance of any one beneficiary.
Dated this 4th day of June, 2004.
JOYCE KHAMINWA
J U D G E