[2007] KEHC 366 (KLR)
The court held that upon the death of the sole administrator, the confirmed grant of letters of administration lapsed and stood revoked by operation of law. As there was no administrator in place, no valid steps could be taken in the succession proceedings, including the application for injunction. The court further...
Source-derived case information.
- Citation
- [2007] KEHC 366 (KLR)
- Parties
- Petitioner: Joseph Njuguna Mugethe; Applicant: Applicant; Respondent: Henry Mugethe Karanja; Respondent: James Mburu Karanja; Respondent: John Mburu Karanja
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 304 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Injunction and Directions After Death of Administrator
- Outcome
- application struck out; interim orders discharged
- Judges
- AI Tullu
- Legal Topics
- Succession Proceedings, Revocation of Grant, Administration of Estates, Injunctions in Succession, Lapse of Grant, Interested Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Njuguna Mugethe
Petitioner
Applicant
Applicant
Henry Mugethe Karanja
Respondent
James Mburu Karanja
Respondent
John Mburu Karanja
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Injunction and Directions After Death of Administrator
Legal Issues
- 1 Whether any proceedings can be sustained in the succession cause after the death of the sole administrator without appointment of a replacement.
- 2 Whether the application for injunction against the interested parties can be maintained in the absence of a valid grant or administrator.
- 3 Whether the interested parties have any direct interest in the estate of the deceased.
Ratio Decidendi
The court held that upon the death of the sole administrator, the confirmed grant of letters of administration lapsed and stood revoked by operation of law. As there was no administrator in place, no valid steps could be taken in the succession proceedings, including the application for injunction. The court further found that the interested parties, having acquired title as bona fide purchasers for value, had no direct interest in the estate as beneficiaries, and any claims against them would have to be pursued in separate proceedings. Consequently, the application for injunction was struck out and interim orders were lifted.
Court Disposition
application struck out; interim orders discharged
Orders
- The application for injunction dated 19.9.06 is struck out.
- The interim orders given on 26th October, 2006 are discharged and lifted with immediate effect.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE 304 OF 2001.
IN THE MATTER OF THE ESTATE OF KANGETHE MWEGA (DECEASED)
AND
JOSEPH NJUGUNA MUGETHE (PETITIONER)
O R D E R S
I have been called upon to give directions in this matter by Counsel for the applicants. After deliberations and consultations, various legal issues have been identified. Counsel agree that I could give directions on the way forward.
The grant of letters of administration to the Estate of Kangethe Mwega were made to his son Joseph Njuguna Mugethe on 17th October, 2002. The same was confirmed on 9. 5.2005.
The Administrator proceeded to sell the land to the following, Henry Mugethe Karanja, James Mburu Karanja and John Mburu Karanja whom I shall refer to as the Interested Parties. They obtained title on 16th May, 2006.
On the 17th August, 2006, the Applicant filed a summons for revocation of the grant of probate made to Joseph Njuguna Mugethe. She claimed that the grant was obtained by concealment and without the consent of the other beneficiaries to the Estate.
The Administrator died on the 26th August, 2006. The Applicant filed the present application dated 19th September, 2006 for injunction against the 3 interested parties. Interim orders were granted by this Court. The inter partes hearing is due today after several adjournments previously.
It is common ground that with the death of the Administrator Joseph Njuguna Mugethe, the grant of letters of administration which was confirmed lapsed and stood revoked by operation of the law. The grant was personal to the administrator. If any beneficiary or other party wished to act for the Estate or take any action against an Administrator had to be appointed first to replace the deceased.
At the moment there is no Administrator to the Estate. The grant of letters of administration stands revoked. It follows that there is nothing to be annulled or capable of annulment.
In the absence of any administrator to the Estate of the late Kangethe Mwega, no step can be taken in these succession proceedings.
Apart from the foregoing, it is clear that the interested parties have no direct interest in the Estate of Kangethe Mwega. They are current title holders to a property which was previously registered in the name of the deceased. They claim they purchased the property lawfully, for valuable consideration and without any knowledge of any defect to the title or otherwise. They have referred to the provisions of Section 93 of the Law of Succession.
I am of the view that the claims and any possible cause of action by the Applicant can only be subject matter of other proceedings. No orders can be sustained against the Respondents in these succession proceedings in the circumstances.
In view of the foregoing, I have no option but to strike out the application for injunction dated 19. 9.06. The Court appreciates that the Interested Parties have incurred costs in defending this matter. However, to award costs in this succession cause would be unproductive. No step should have been taken after the death of Joseph until another Administrator had been appointed.
However, it is hoped that the Interested Parties will have comfort in being released from this proceedings in which they should have never been enjoined or orders issued against them. In order to make amends, I do hereby with immediate effect discharge and lift the Interim Orders given on 26th October, 2006.
Orders accordingly.
Dated and delivered at Eldoret on this 26th January, 2007.
M. K. IBRAHIM
JUDGE