[2009] KEHC 118 (KLR)
The court found that the confirmed grant was issued irregularly because it included the name of Esther Tapsabei, who had died before the grant was confirmed. The law does not permit a deceased person to act as an administrator of an estate. The error was apparent on the face of the record, and the court exercised...
Source-derived case information.
- Citation
- [2009] KEHC 118 (KLR)
- Parties
- Applicant: Esther Tapsabei; Applicant: Richard Kiplangat Ruto
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 32 of 2003
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant on Court's Own Motion
- Outcome
- confirmed grant revoked on court's own motion
- Legal Topics
- Succession, Revocation of Grant, Administration of Estates
- 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
Esther Tapsabei
Applicant
Richard Kiplangat Ruto
Applicant
Procedural Posture
Succession Cause / Ruling on Revocation of Grant on Court's Own Motion
Legal Issues
- 1 Whether a confirmed grant can stand where one of the administrators died before its issuance.
- 2 Whether a deceased person can be named as an administrator of an estate.
Ratio Decidendi
The court found that the confirmed grant was issued irregularly because it included the name of Esther Tapsabei, who had died before the grant was confirmed. The law does not permit a deceased person to act as an administrator of an estate. The error was apparent on the face of the record, and the court exercised its power under Rule 44(5) of the Probate and Administration Rules to revoke the grant on its own motion. The grant was therefore revoked and the title canceled, with costs to be in the estate.
Court Disposition
confirmed grant revoked on court's own motion
Orders
- The confirmed grant issued on 6th May, 2004 is revoked.
- Title is canceled.
Full Case Text
Judgment text and source record
46 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 32 of 2003
1. Family Law
2. The Law of Succession
Notice of Intention of High Court of its own motion to revoke or annul a grant
Rule 44(5)
Form P&A. 69
3. Deceased estate – intestate
i). Date of death 15th November, 1999(90 years old)
ii). Letters of grant applied and granted to two administrators/administratix
on 29th May, 2003. M. Apondi J
iii). Letters of confirmed grant issued on 6th May, 2004 to two administrator/administatix
iv). The administratix died on 23rd November, 2003 aged 78 years old
due to cancer of esophagus.
v). Grant issued after death of adminstratix and in her name with co administratix
4. Held
A deceased administratix cannot be an administratix of an estate.
5. Confirmed grant revoked.
6. Case Law - Nil
7. Advocates
S.K. Chelule advocate instructed by M/S Chelule & Co. advocates for the petitioner/applicants and beneficiaries.
KIPRUTO ARAP TENGECHA ………………….. DECEASED
AND
ESTHER TAPSABEI…………………………… 1ST PETITIONER
RICHARD KIPLANGAT RUTO …………….. 2ND PETITONER
RULING
Revocation of grant on courts own motion
--------------------------------------------------------------------
I: Background
1. The deceased one Kipruto Arap Tengecha was aged 90 years old when he passed away on the 15th November, 1999. He was survived by a widow, sons, and unnamed daughters.
2. His widow and one of his sons took out grant of letters intestate on 2nd April, 2003 and issued on 29th May, 2003 (M. Apondi J).
3. On 5th May, 2004, letters of confirmed grant were applied for the two administrators/administratix and issued on 6th May, 2004. The application had a prayer that the son be declared a sole administrator. Though the Hon. Judge indicated the application be granted the letters of confirmed grant read the names of the two applicants.
4. This court noted that the said letters indicated both names of the administrators/administatix when in fact one Esther- the widow had passed away on 23rd November, 2003 aged 78 years old due to cancer of esophagus.
5. The confirmed grant was issued by this court irregularly as a deceased person cannot be an administrator of an estate.
II: Revocation of grant
6. There being an error on the face of the record, this court issued a notice of revocation of grant under P&A. 44(5) Form P&A. 69.
7. The advocate for the applicant/administrator conceeded that the grant as it stands cannot be used.
8. (It was noted that there is a purchaser described as a survivor to the deceased estate which is irregular).
9. Order. That grant be and is hereby revoked on courts own motion. Title is canceled. Costs be in Estate.
DATEDthis 1st day of October, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
S.K. Chelule advocate instructed by M/S Chelule & Co. advocates for the petitioner/applicants and beneficiaries.