[2015] KEHC 2846 (KLR)
The court found that the death of the original administratrix, Grace Wairimu Wanjama, constituted a subsequent circumstance rendering the grant of letters of administration inoperative and useless. The Law of Succession Act and the Probate and Administration Rules require that only a living person can administer an...
Source-derived case information.
- Citation
- [2015] KEHC 2846 (KLR)
- Parties
- Applicant: John Kariuki Wanjama; Respondent: Grace Wairimu Wanjama (deceased)
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 93 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation and Substitution of Administrator
- Outcome
- application allowed
- Legal Topics
- Succession, Revocation of Grant, Letters of Administration, Administrator Death
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kariuki Wanjama
Applicant
Grace Wairimu Wanjama (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation and Substitution of Administrator
Legal Issues
- 1 Whether the grant of letters of administration intestate becomes inoperative upon the death of the administratrix.
- 2 Whether the applicant should be appointed as the new administrator of the deceased's estate.
Ratio Decidendi
The court found that the death of the original administratrix, Grace Wairimu Wanjama, constituted a subsequent circumstance rendering the grant of letters of administration inoperative and useless. The Law of Succession Act and the Probate and Administration Rules require that only a living person can administer an estate. Since all beneficiaries consented to the applicant's appointment and there was no opposition, the court held that the application was merited. The grant made to the deceased administratrix was revoked, and John Kariuki Wanjama was appointed as the new administrator of the estate of Danson Wanjama Kariuki.
Court Disposition
application allowed
Orders
- The grant made to Grace Wairimu Wanjama on 31st March, 2014 is revoked.
- John Kariuki Wanjama is appointed as the administrator of the estate of the late Danson Wanjama Kariuki.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 93 OF 2014
IN THE MATTER OF THE ESTATE OF DANSON WANJAMA KARIUKI (DECEASAED)
JOHN KARIUKI WANJAMA…………………………….APPLICANT
RULING
This ruling is on an uncontested application dated 20th January, 2015 brought under section 76 Rule 44 of the Probate & Administration Rules. The applicant seeks to have the grant of letters of administration intestate made to one Grace Wairimu Wanjamaon 31st March, 2014 in respect of the estate of Danson Wanjama Kariuki(deceased) revoked and in her place John Kariuki Wanjama be appointed as the administrator of the deceased’s estate.
The basis of the applicant’s application is that the original administratrix, Grace Wairimu Wanjama died on 10th July, 2014; a copy of the certificate of her death has been exhibited to the applicant’s affidavit sworn in support of the summons. It is the applicant’s case that with the demise of the administratrix, the letters of administration granted to her have become inoperative and incapable of being confirmed.
Filed together with the summons is a consent duly executed by all persons who are entitled to a share of the deceased’s estate and who would otherwise be entitled to petition for the grant of letters of administration themselves.
Under section 76 (e) of the Law of Succession Act a grant may be annulled or revoked on the ground that it has become useless and inoperative through subsequent circumstances. The demise of an administrator or administratrix is without doubt one of the subsequent circumstances that would render a grant useless or inoperative. Section 51 (1)and (2)(d), section 76(d) of the Act together with rule 26(3) of the Probate and Administration rules presuppose that the grant can only be made and a deceased’s estate can only be administered by a living person. Where the administrator or the administratrix dies before the estate is distributed the grant to him or her serves no purpose.
I am satisfied that for the reasons given, the applicant’s summons dated 20th January, 2015 is merited and it is hereby allowed; I therefore order that the grant made to Grace Wairimu Wanjama on 31st march, 2014 be and is hereby revoked and that John Kariuki Wanjamais hereby appointed as the administrator of the estate of the late Danson Wanjama Kariuki.
Dated, signed and delivered in open court this 31st July, 2015
Ngaah Jairus
JUDGE