[2014] KEHC 5282 (KLR)
The court found that the grant of Letters of Administration issued to Ramadhan Muthama Ndinguri and Maimuna Wairimu Ndinguri had become inoperative and useless due to the death of both administrators. Pursuant to section 76 of the Law of Succession Act, the court exercised its power to revoke the grant. The court...
Source-derived case information.
- Citation
- [2014] KEHC 5282 (KLR)
- Parties
- Applicant: George Ndinguri Watute; Respondent: Ramadhan Muthama Ndinguri; Respondent: Maimuna Wairimu Ndinguri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1760 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Grant of Letters of Administration revoked; directions issued for gazettement of new petition for administration de bonis non.
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Letters of Administration, Deceased Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ndinguri Watute
Applicant
Ramadhan Muthama Ndinguri
Respondent
Maimuna Wairimu Ndinguri
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of Letters of Administration issued to the original administrators should be revoked due to their death.
- 2 Whether the court should direct the gazettement of a new petition for letters of administration de bonis non.
Ratio Decidendi
The court found that the grant of Letters of Administration issued to Ramadhan Muthama Ndinguri and Maimuna Wairimu Ndinguri had become inoperative and useless due to the death of both administrators. Pursuant to section 76 of the Law of Succession Act, the court exercised its power to revoke the grant. The court further directed that the Deputy Registrar should cause the gazettement of the pending petition for letters of administration de bonis non to facilitate the appointment of new administrators and ensure the continued administration of the deceased's estate.
Court Disposition
Grant of Letters of Administration revoked; directions issued for gazettement of new petition for administration de bonis non.
Orders
- The grant of Letters of Administration made to Ramadhan Muthama Ndinguri and Maimuna Wairimu Ndinguri on 28th September 1994 is revoked.
- The Deputy Registrar is directed to cause the gazettement of the petition for letters of administration of assets un-administered dated 21st October 2011 and filed on 31st October 2011.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1760 OF 1993
IN THE MATER OF THE ESTATE OF SAVAN NDINGURI IBRAHIM (DECEASED)
RULING/DIRECTIONS
The application dated 25th February, 1999 seeks an order that the grant of Letters of Administration made to Ramadhan Muthama Ndinguri and Maimuna Wairimu Ndinguri on 28th September 1994 be revoked. The Applicant George Ndinguri Watute is an interested party in the said estate.
On 2nd February, 2013 the court was informed that the grant holders are dead and the Applicant sought for substitution before the application dated 25th February 1999 is heard. The court gave the 26th February 2013 as a mention date to confirm whether new administrators have appointed. On 26th February 2013, the court was informed that gazettement had not been done. As a result 16th April 2013 was given for a further mention date. On 16th April, 2013 court was informed that grant had not been issued on grounds that gazettement had not been done. The matter was then stood over generally.
On 17th September, 2013 the matter was brought before Kimaru J, who directed the Deputy Registrar to notify the parties on appropriate date to appear before the court for further directions. On 4th December 2013 parties were informed that the court would go through the records and give directions.
I have gone through the record herein and I have noted that the application for grant de bonis non has not been gazetted.
As the original grant holders, that is to say Ramadhan Muthama Ndinguri and Maimuna Wairimu Ndinguri, appointed to the office of administrators on 28th September 1994 are dead; the grant made to them has become inoperative and useless. I hereby by virtue of section 76 of the Law of Succession Act revoke the said grant.
To move this matter forward, I hereby direct the Deputy Registrar to cause the gazettement of the petition for letters of administration of assets un-administered, dated 21st October 2011 and filed herein on 31st October 2011.
DATED, SIGNED and DELIVERED at NAIROBI this 16th DAY OF May, 2014.
W. MUSYOKA
JUDGE
No advocate for the applicant.
No advocate for the objector.