[2017] KEHC 5839 (KLR)
The court found that the deceased died intestate, survived by only one child, and therefore, under section 38 of the Law of Succession Act, the entire estate should devolve to the applicant. The court further held that the co-administrator, having managed the estate since 1992, is under a statutory duty to render...
Source-derived case information.
- Citation
- [2017] KEHC 5839 (KLR)
- Parties
- Applicant: Sheila Chesang Loitarem; Respondent: Anne Loitarem Osilingi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 745 of 1992
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; applicant confirmed as sole administrator; estate to devolve wholly upon applicant; co-administrator to render accounts within 30 days.
- Judges
- DN Musyoka, MW Muigai
- Legal Topics
- Intestate Succession, Confirmation of Grant, Administrator Duties, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sheila Chesang Loitarem
Applicant
Anne Loitarem Osilingi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the applicant, as the only surviving child, is entitled to the entire estate of the deceased.
- 2 Whether the co-administrator should be ordered to render accounts for rental income, insurance proceeds, and NSSF proceeds received on behalf of the deceased.
Ratio Decidendi
The court found that the deceased died intestate, survived by only one child, and therefore, under section 38 of the Law of Succession Act, the entire estate should devolve to the applicant. The court further held that the co-administrator, having managed the estate since 1992, is under a statutory duty to render accounts for all estate income and proceeds received. The application for confirmation of grant was allowed, appointing the applicant as sole administrator, vesting the estate wholly in her, and ordering the co-administrator to render full accounts within thirty days.
Court Disposition
Application for confirmation of grant allowed; applicant confirmed as sole administrator; estate to devolve wholly upon applicant; co-administrator to render accounts within 30 days.
Orders
- Sheila Chesang Loitarem confirmed as sole administrator; grant to be amended accordingly.
- Net intestate estate of the deceased to devolve wholly upon Sheila Chesang Loitarem.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 745 OF 1992
IN THE MATTER OF THE ESTATE OF GRACE KIGEN LOITAREM (DECEASED)
RULING
1. I am called upon to determine a straightforward application for confirmation of the grant herein. The application is dated 15th March 2013. It is brought at the instance of Sheila Chesang Loitarem, a child of the deceased, one of the administrators. She seeks distribution of the estate and accounts from her co-administrator. The co-administrator, Anne Loitarem Osilingi, swore an affidavit on 19th April 2013 in response to the application. She concedes that the applicant is the only surviving child of the decade.
2. The deceased died intestate after the Law of Succession Act, Cap 160, Laws of Kenya, had come into force, and was survived by only one person, a child. The law to govern distribution of her estate should be section 38 which states as follows: -
‘Where an intestate has left a surviving child or children, but no spouse, the net intestate shall, subject to the provisions of sections 41 and 42, devolve upon the surviving child, if there be only one, or be equally divided among the surviving children.’
3. The estate herein should accordingly devolve wholly upon the applicant.
4. The applicant asks that the second administrator, Anne Loitarem Osilingi, be ordered to render accounts in respect of rental income that she has been receiving from LR No. 37/265/31 House No. 26 Mai Mahiu Road Nairobi, insurance proceeds that she had received as compensation for the deceased’s motor vehicle KZE 045 and NSSF proceeds received on behalf of the deceased.
5. I note from the record that the second administrator has been in office since 1992. An administrator’s office is one of trust, principally because the property of the dead person vests in her, and she holds the same on behalf of others, the survivors of the deceased as well as the creditors of the estate. For that reason the law has imposed a burden on the administrator to account for her handling of the estate. Rendering of accounts ought to be done as a matter of course.
6. In view of the above, I shall dispose of the application dated 15th March 2013 as follows:
a. That I shall confirm the applicant herein, Sheila Chesang Loitarem, as the sole administrator of the estate herein, the grant on record shall be amended accordingly;
b. That the net intestate estate of the deceased shall devolve wholly upon Sheila Chesang Loitarem;
c. That Anne Loitarem Osilingi shall render accounts in terms of prayers 2 and 3 of the application dated 15th March 2013 within thirty (30) days of the date of this ruling;
d. Certificate of confirmation of grant to issue accordingly; and
e. That costs shall be in the cause.
DATED and SIGNED at NAIROBI this 3RD DAY OF MAY, 2017.
W. MUSYOKA
JUDGE
DELIVERED and SIGNED this 5TH DAY OF MAY, 2017.
M. MUIGAI
JUDGE