[2013] KEHC 3570 (KLR)
Although Section 66 of the Law of Succession Act prioritizes blood relatives for appointment as administrators, the court found that all close blood relatives of the deceased had consented to the appointment of Jane Wanjiku Mutua, a daughter-in-law. The estate was partially administered, with only distribution of...
Source-derived case information.
- Citation
- [2013] KEHC 3570 (KLR)
- Parties
- Applicant: Jane Wanjiku Mutua; Respondent: Miriam Njeri Rufus Miruru; Respondent: Benjamin Methu Miruru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2092 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Administrator
- Outcome
- Application allowed. Jane Wanjiku Mutua appointed administrator with a limited grant for completion of administration.
- Judges
- DN Musyoka
- Legal Topics
- Letters of Administration, Priority of Administration, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wanjiku Mutua
Applicant
Miriam Njeri Rufus Miruru
Respondent
Benjamin Methu Miruru
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Administrator
Legal Issues
- 1 Whether Jane Wanjiku Mutua should be appointed administrator of the estate of Rufus Miruru Kimotho (deceased).
- 2 Whether the appointment should be limited to completion of administration given the estate is partially administered.
Ratio Decidendi
Although Section 66 of the Law of Succession Act prioritizes blood relatives for appointment as administrators, the court found that all close blood relatives of the deceased had consented to the appointment of Jane Wanjiku Mutua, a daughter-in-law. The estate was partially administered, with only distribution of assets remaining. The court determined that a full grant was unnecessary and that a limited grant for completion of administration was appropriate. Accordingly, Jane Wanjiku Mutua was appointed administrator and a grant of letters of administration de bonis non was ordered to issue to her.
Court Disposition
Application allowed. Jane Wanjiku Mutua appointed administrator with a limited grant for completion of administration.
Orders
- Jane Wanjiku Mutua is appointed administrator of the estate of Rufus Miruru Kimotho (deceased).
- A grant of letters of administration de bonis non shall issue to Jane Wanjiku Mutua.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Succession Cause 2092 of 1998 [if gte mso 9]><xml>
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IN THE ESTATE OF MIRURU KIMOTHO– (DECEASED)
RULING
The application of 19th September 2012 seeks the appointment af an administrator to replace the grant holders who are now dead.
I have perused this file and noted that the grant made to Miriam Njeri Rufus Miruru and Benjamin Methu Miruru was revoked by consent on 28th February 2007. No fresh appointments were made and the estate has remained without an administrator since then.
It is proposed that Jane Wanjiku Mutua be appointed administrator. She is a daughter in law of the deceased. Usually, in -laws are in the lower ranks of priority so far as appointment as administrator is concerned. Section 66 of the Law of Succession Act gives priority to the blood relations of the deceased. I note, however, that all the close blood relatives of the deceased have consented to this proposed appointment.
I note that the estate is partially administered. What remains is distribution of the assets. There would be no merit in making a full grant. It is preferable that the grant made at this stage be limited to completion of administration. I therefore hereby appoint Jane Wanjiku Mutua administrator of the estate of and the personal representative of Rufus Miruru Kimotho (deceased). A grant of letters of administration de bonis non shall issue upon the said Jane Wanjiku Mutua.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 9th DAY OF May, 2013.
W. M. MUSYOKA
JUDGE
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