[2012] KEHC 2561 (KLR)
The court found that despite previous orders and a consent recorded by both parties requiring the citee to obtain full letters of administration within a specified period, the citee had failed to take the necessary steps for over a year. Given the prolonged delay and the applicant's legitimate interest in pursuing a...
Source-derived case information.
- Citation
- [2012] KEHC 2561 (KLR)
- Parties
- Applicant: Alice Wairimu; Respondent: Citee (widow of Bernard Macharia Mahungu)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 615 of 2008
- Procedural Posture
- Succession Cause / Directions on Compliance With Consent Order Regarding Grant of Letters of Administration
- Outcome
- directions issued; conditional order for grant of letters of administration
- Judges
- SP Ouko
- Legal Topics
- Succession Procedure, Letters of Administration, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alice Wairimu
Applicant
Citee (widow of Bernard Macharia Mahungu)
Respondent
Procedural Posture
Succession Cause / Directions on Compliance With Consent Order Regarding Grant of Letters of Administration
Legal Issues
- 1 Whether the citee has complied with the consent order to obtain full letters of administration within the stipulated period.
- 2 Whether further delay in obtaining the grant justifies issuance of the grant in terms of the citation.
Ratio Decidendi
The court found that despite previous orders and a consent recorded by both parties requiring the citee to obtain full letters of administration within a specified period, the citee had failed to take the necessary steps for over a year. Given the prolonged delay and the applicant's legitimate interest in pursuing a claim against the estate, the court directed the citee to comply with the consent order within one month, failing which the grant would be issued in terms of the citation. The court emphasized the need for expeditious administration of estates and compliance with court orders to avoid prejudice to interested parties.
Court Disposition
directions issued; conditional order for grant of letters of administration
Orders
- The citee shall comply with the consent order recorded on 4th July, 2011 by taking out full letters of administration within one month from the date of this order, either by petitioning afresh or proceeding in Nakuru H.C. Succ. Cause No.615/2008.
- If the citee fails to comply, the grant will be issued in terms of the citation in Nakuru H.C. Succ. Cause No.550 of 2009.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
Succession Cause 615 of 2008
IN THE MATTER OF THE ESTATE OF THE LATE BERNARD MACHARIA MAHUNGU (DECEASED)
DIRECTIONS
This citation (in H.C. Succ. Cause No.550/2009) was brought nearly three years ago by Alice Wairimu who was desirous of bringing a claim in damages against the estate of the citee’s husband who is deceased.
In response to the citation, the citee explained that she had already petitioned for and issued with Letters of Administration ad colligenda bona in Nakuru H.C. Succ. Cause No.109 of 2008 and further that she had also applied for a full grant in Nakuru H. C. Succ. Cause No.615 of 2008. In her view no purpose would be served by her taking another grant of probate under the citation.
It is apparent from the three files in respect of this matter that in compliance with the orders issued in cause No.109 of 2008 directing the citee to apply for a full grant within thirty (30) days, the citee and a co-petitioner filed Nakuru H.C. Succ Cause No.615 of 2008. At some stage, the Deputy Registrar directed Form P & A 57 to be signed by sureties instead of the citee and co-petitioner. That was the last time the citee took any step in the matter. That was in November, 2008. Later on 8th June, 2011 the petition was withdrawn. But even with that withdrawal parties continued to explore a settlement in the cause.
As a matter of fact, on 4th July, 2011 both counsel for the parties took directions by consent in that cause that the citee would take out letters of administration within three months. The matter was fixed for mention on 5th October, 2011 to confirm compliance. One year today, no step has been taken by the citee to petition for a grant.
Bearing in mind the time this matter has taken to conclude and the purpose for which the citor brought Nakuru H.C. Succ. Cause No.550 of 2009, it is directed as follows:
i)that the citee complies with consent order recorded in this cause on 4th July, 2011 by taking out full letters of administration within one (1) month from the date of this order, either by petitioning the court afresh or by proceeding in Nakuru H.C. Succ. Cause No.615/2008 to avoid expense;
ii)if the citee fails to comply with (i) above or the grant will be issued in terms of citation in Nakuru H.C. Succ. Cause No.550 of 2009;
iii)mention on 19/10/2012 to confirm compliance with (i) above or to grant (ii) above.
Dated, Signed and Given at Nakuru this 30th day of July, 2012.
W. OUKO
JUDGE