[2010] KEHC 2925 (KLR)
The court found that the applicants had complied with the procedural requirements for substitution of a deceased administrator and for the distribution of an additional asset not included in the original certificate of confirmation of grant. The consent of all beneficiaries was filed, and a proposed schedule of...
Source-derived case information.
- Citation
- [2010] KEHC 2925 (KLR)
- Parties
- Applicant: M/s L.M. Ombete & Company advocates; Respondent: Serah Njeri Kangethe (deceased administrator); Applicant: Ashford Kangethe Kingangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 241 of 1980
- Procedural Posture
- Succession Cause / Ruling on Summons for Substitution and Distribution
- Outcome
- application allowed
- Legal Topics
- Succession, Administrator Substitution, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M/s L.M. Ombete & Company advocates
Applicant
Serah Njeri Kangethe (deceased administrator)
Respondent
Ashford Kangethe Kingangi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Substitution and Distribution
Legal Issues
- 1 Whether the deceased administrator should be substituted with Ashford Kangethe Kingangi.
- 2 Whether the additional asset DAGORETTI/RIRUTA/142 should be distributed as proposed.
Ratio Decidendi
The court found that the applicants had complied with the procedural requirements for substitution of a deceased administrator and for the distribution of an additional asset not included in the original certificate of confirmation of grant. The consent of all beneficiaries was filed, and a proposed schedule of distribution was provided. There being no opposition, the court allowed the application and granted the prayers for substitution and distribution as sought.
Court Disposition
application allowed
Orders
- The application (summons) dated 9th September, 2009 is allowed.
- Prayers (a) and (b) in the summons are granted, effecting substitution of administrator and distribution of DAGORETTI/RIRUTA/142.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 241 of 1980
IN THE MATTER OF THE ESTATE OF THE LATE ASHFORD KANG’ETHE
R U L I N G
This is a Summons dated 9th September, 2009 filed by M/s L.M. Ombete & Company advocates for the applicants. It is an application for substitution of a deceased administrator SERAH NJERI KANGETHE with ASHFORD KANGETHE KINGANGI, as well as the distribution of the land DAGORETTI/RIRUTA/142. The plot appears to be an additional asset to the assets that were distributed in the certificate of confirmation of grant dated 10th November, 1986.
There is a schedule “PN6” annexed to the affidavit in support of the application, regarding the proposed distribution of the asset. Consent of the beneficiaries was filed, regarding the distribution and substitution.
In those circumstances, I allow the application (summons) dated 9th September, 2009 and grant prayers (a) and (b) therein.
Costs in the cause.
Dated and delivered at Nairobi this 10th day of March, 2010.
GEORGE DULU
JUDGE.