[2014] KEHC 3430 (KLR)
The court found that Teresia Kalondu Musyoka, the administratrix of the estate, had died as evidenced by the burial permit. The applicant, Alex Mbeva Musyoka, was identified by his siblings in court as the appropriate person to substitute their late mother as administrator. There was no opposition to the...
Source-derived case information.
- Citation
- [2014] KEHC 3430 (KLR)
- Parties
- Applicant: Alex Mbeva Musyoka; Applicant: Mutua Musyoka; Applicant: Samuel Wambua Musyoka; Respondent: Teresia Kalondu Musyoka
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 429 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Succession, Administrator Substitution, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Mbeva Musyoka
Applicant
Mutua Musyoka
Applicant
Samuel Wambua Musyoka
Applicant
Teresia Kalondu Musyoka
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether the applicant should be substituted as administrator of the estate following the death of the previous administratrix.
- 2 Whether the supporting documentation and identification by siblings is sufficient for substitution.
Ratio Decidendi
The court found that Teresia Kalondu Musyoka, the administratrix of the estate, had died as evidenced by the burial permit. The applicant, Alex Mbeva Musyoka, was identified by his siblings in court as the appropriate person to substitute their late mother as administrator. There was no opposition to the application. The court was satisfied that the requirements for substitution under the Law of Succession Act had been met, including proof of death and the consent of other beneficiaries. Accordingly, the application for substitution was allowed as prayed.
Court Disposition
application allowed
Orders
- The application for substitution of administrator is allowed as prayed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO 429 OF 2009
IN THE MATTER OF THE ESTATE OFDANIEL MUSYOKA WAMBUAANDTERESIA KALONDU MUSYOKA (DECEASED)
ALEX MBEVA MUSYOKA………………………………………….....1ST APPLICANT
MUTUA MUSYOKA……………………………………………………..2ND APPLICANT
SAMUEL WAMBUA MUSYOKA………………………………….…3RD APPLICANT
RULING
In an application dated 7th July, 2014, Alex Mbeva Musyoka seeks this courts leave to substitute Teresia Kalondu Musyoka(deceased) as the administrator of the estate of Daniel Musyoka Wambua.
The application is premised on the ground that the Petitioner/Administratix of the estate, Teresia Kalondu Musyokadied on the 24th June, 2014. In the supporting affidavit he avers the Teresiah Kalondu Musyoka their mother was the administratix of the estate of their late father and having passed on she must be substituted.
Having considered the application, I find that a burial permit No 33811 was issued in respect of Teresiah Kalondu Musyokawho died on the 24th June, 2014 aged 60 years. The applicant’s siblings who were present in court have identified the applicant as the person who should substitute their mother.
In the premises, I do allow the application as prayed.
DATED, SIGNEDand DELIVERED at MACHAKOS this 11THday of JULY 2014
L.N. MUTENDE
JUDGE