[2003] KEHC 875 (KLR)

[2003] KEHC 875 (KLR)

The court, by consent of the parties, revoked the previous grant issued to Andrew Warui and Paul Maina Warui and directed that a new grant of letters of administration be issued to Robert Warui Kariuki jointly with his two sons, Andrew Kariuki Warui and Maina Warui. The court further directed that the administrators...

Source-derived case information.

Citation
[2003] KEHC 875 (KLR)
Parties
Applicant: Andrew Warui; Applicant: Paul Maina Warui; Objector: Robert Warui Kariuki
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 570 of 1997
Procedural Posture
Succession Cause / Revocation of Grant and Issuance of New Grant
Outcome
Grant revoked and new grant issued by consent; directions given for distribution and confirmation process.
Legal Topics
Succession, Revocation of Grant, Letters of Administration, Estate Distribution
Source Language
en
Family and Children Succession Revocation of Grant Letters of Administration Estate Distribution

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Andrew Warui

Applicant

Paul Maina Warui

Applicant

Robert Warui Kariuki

Objector

Procedural Posture

Succession Cause / Revocation of Grant and Issuance of New Grant

Legal Issues

  1. 1 Whether the grant issued to Andrew Warui and Paul Maina Warui should be revoked.
  2. 2 Who should be appointed as administrators of the deceased's estate.
  3. 3 How the estate of the deceased should be distributed among the beneficiaries.

Ratio Decidendi

The court, by consent of the parties, revoked the previous grant issued to Andrew Warui and Paul Maina Warui and directed that a new grant of letters of administration be issued to Robert Warui Kariuki jointly with his two sons, Andrew Kariuki Warui and Maina Warui. The court further directed that the administrators discuss and agree on the mode of distribution of the deceased's estate, with provision for confirmation of grant or filing of affidavits of protest in case of disagreement. The decision was based on the parties' consent and the court's powers under the Law of Succession Act to revoke grants and appoint administrators in the interests of justice and proper administration of the...

Court Disposition

Grant revoked and new grant issued by consent; directions given for distribution and confirmation process.

Orders

  • The grant issued to Andrew Warui and Paul Maina Warui on 4/9/97 and confirmed on 25/3/98 is revoked.
  • A new grant of letters of administration to be issued to Robert Warui Kariuki jointly with Andrew Kariuki Warui and Maina Warui.