[2011] KEHC 752 (KLR)

[2011] KEHC 752 (KLR)

The court found that the citee, Isaac Shiundu Wafula, as the heir apparent of the deceased Dorcas Khevali, had failed to take the necessary steps to administer the estate despite being approached and served with the citation. The facts as deponed in the applicant's affidavit were unchallenged and established a need for administration of the estate to enable the continuation of a long-pending suit regarding land ownership. The court held that the citee cannot be allowed to frustrate the process and that, in the absence of action by the citee, the applicant should be permitted to apply for the grant of letters of administration for the benefit of all beneficiaries. The orders were granted...

Citation
[2011] KEHC 752 (KLR)
Parties
Applicant: Peter Juma Matere; Respondent: Isaac Shiundu Wafula
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Judgment Date
7 November 2011
Case Number
Miscellaneous Application 181 of 2005
Procedural Posture
Miscellaneous Application / Ruling on Citation to Accept or Refuse Letters of Administration Intestate
Outcome
citation allowed; orders granted as prayed
Judges
FN Muchemi
Legal Topics
Succession Proceedings, Letters of Administration, Citation Procedure, Estate Administration
Source Language
English
Family and Children Civil Procedure Succession Proceedings Letters of Administration Citation Procedure Estate Administration

Case Brief

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Parties

Peter Juma Matere

Applicant

Isaac Shiundu Wafula

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Citation to Accept or Refuse Letters of Administration Intestate

Legal Issues

  1. 1 Whether the citee should be compelled to apply for letters of administration intestate for the estate of Dorcas Khevali.
  2. 2 Whether the applicant (citor) should be permitted to apply for letters of administration if the citee fails to do so.
  3. 3 Whether the estate of Dorcas Khevali can be administered to enable continuation of a pending suit regarding land ownership.

Ratio Decidendi

The court found that the citee, Isaac Shiundu Wafula, as the heir apparent of the deceased Dorcas Khevali, had failed to take the necessary steps to administer the estate despite being approached and served with the citation. The facts as deponed in the applicant's affidavit were unchallenged and established a need for administration of the estate to enable the continuation of a long-pending suit regarding land ownership. The court held that the citee cannot be allowed to frustrate the process and that, in the absence of action by the citee, the applicant should be permitted to apply for the grant of letters of administration for the benefit of all beneficiaries. The orders were granted...

Court Disposition

citation allowed; orders granted as prayed

Orders

  • The citee shall file and serve an application for limited grant to pursue HCCC NO.99 of 1998 by stepping in the place of his deceased mother Dorcas Khaveli within 30 days.
  • In the alternative, the citee shall file a succession cause in a competent court for distribution of the estate of Dorcas Khaveli within 30 days.