[2013] KEHC 3992 (KLR)

[2013] KEHC 3992 (KLR)

The court found that the grant of letters of administration made to Patriciah Wanjiku Kigotho and Jacqueline Wambui Kigotho became inoperative upon the death of Patriciah Wanjiku Kigotho. Section 76 of the Law of Succession Act empowers the court to revoke such a grant on its own motion. Since all surviving children of the deceased consented to the appointment of Elijah Kibathi Kigotho as administrator, the court revoked the previous grant and appointed Jacqueline Wambui Kigotho and Elijah Kibathi Kigotho as administrators of the estate of Thomas Kigotho Kibathi. A new grant of letters of administration intestate was ordered to issue accordingly.

Citation
[2013] KEHC 3992 (KLR)
Parties
Applicant: Jacqueline Wambui Kigotho; Applicant: Patriciah Wanjiku Kigotho; Respondent: Elijah Kibathi Kigotho
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 April 2013
Case Number
Succession Cause 2942 of 1995
Procedural Posture
Succession Cause / Ruling on Application to Amend Grant of Letters of Administration
Outcome
Application allowed. Previous grant revoked. New administrators appointed.
Judges
DN Musyoka
Legal Topics
Succession, Letters of Administration, Revocation of Grant, Appointment of Administrator
Source Language
English
Family and Children Succession Letters of Administration Revocation of Grant Appointment of Administrator

Case Brief

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Parties

Jacqueline Wambui Kigotho

Applicant

Patriciah Wanjiku Kigotho

Applicant

Elijah Kibathi Kigotho

Respondent

Procedural Posture

Succession Cause / Ruling on Application to Amend Grant of Letters of Administration

Legal Issues

  1. 1 Whether the grant of letters of administration becomes inoperative upon the death of one of two co-administrators.
  2. 2 Whether the court should revoke the existing grant and appoint a new administrator in place of the deceased co-administrator.

Ratio Decidendi

The court found that the grant of letters of administration made to Patriciah Wanjiku Kigotho and Jacqueline Wambui Kigotho became inoperative upon the death of Patriciah Wanjiku Kigotho. Section 76 of the Law of Succession Act empowers the court to revoke such a grant on its own motion. Since all surviving children of the deceased consented to the appointment of Elijah Kibathi Kigotho as administrator, the court revoked the previous grant and appointed Jacqueline Wambui Kigotho and Elijah Kibathi Kigotho as administrators of the estate of Thomas Kigotho Kibathi. A new grant of letters of administration intestate was ordered to issue accordingly.

Court Disposition

Application allowed. Previous grant revoked. New administrators appointed.

Orders

  • The grant of letters of administration made on 13th February 1996 to Patriciah Wanjiku Kigotho and Jacqueline Wambui Kigotho is revoked.
  • Jacqueline Wambui Kigotho and Elijah Kibathi Kigotho are appointed administrators of the estate of Thomas Kigotho Kibathi.