[2014] KEHC 6348 (KLR)

[2014] KEHC 6348 (KLR)

The court found that the original administrator, Margaret Kalekye Mutua, had died as evidenced by the death certificate. All surviving beneficiaries of the deceased's estate had signed a consent endorsing the applicants as joint administrators. There was no opposition to the application. The court held that, in accordance with the Law of Succession Act, it was proper to substitute the deceased administrator with the applicants and issue a fresh grant to them jointly. The application was therefore allowed as prayed.

Citation
[2014] KEHC 6348 (KLR)
Parties
Applicant: Ndolo Munyao Ndeti; Applicant: Jonah Mutua Ndolo; Respondent: Margaret Kalekye Mutua (deceased)
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
30 January 2014
Case Number
Succession Cause 93 of 1995
Procedural Posture
Succession Cause / Ruling on Substitution of Administrator
Outcome
Application allowed. Applicants substituted as joint administrators. Costs in the cause.
Judges
LN Mutende
Legal Topics
Grant of Letters of Administration, Substitution of Administrator, Consent of Beneficiaries
Source Language
English
Family and Children Grant of Letters of Administration Substitution of Administrator Consent of Beneficiaries

Case Brief

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Parties

Ndolo Munyao Ndeti

Applicant

Jonah Mutua Ndolo

Applicant

Margaret Kalekye Mutua (deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Substitution of Administrator

Legal Issues

  1. 1 Whether the applicants should be substituted as administrators of the estate in place of the deceased administrator.
  2. 2 Whether a fresh grant should be issued jointly to the applicants.

Ratio Decidendi

The court found that the original administrator, Margaret Kalekye Mutua, had died as evidenced by the death certificate. All surviving beneficiaries of the deceased's estate had signed a consent endorsing the applicants as joint administrators. There was no opposition to the application. The court held that, in accordance with the Law of Succession Act, it was proper to substitute the deceased administrator with the applicants and issue a fresh grant to them jointly. The application was therefore allowed as prayed.

Court Disposition

Application allowed. Applicants substituted as joint administrators. Costs in the cause.

Orders

  • The applicants Ndolo Munyao Ndeti and Jonah Mutua Ndolo are hereby substituted as joint administrators of the estate of Joseph Mutua Ndolo in place of the deceased administrator Margaret Kalekye Mutua.
  • A fresh grant of letters of administration intestate shall be issued jointly to Ndolo Munyao Ndeti and Jonah Mutua Ndolo.