[2013] KEHC 4767 (KLR)

[2013] KEHC 4767 (KLR)

The court held that a grant of representation is personal to the appointed administrator and cannot be transferred or substituted to another person upon the administrator's death. Upon the death of the holder, the grant becomes inoperative and is only subject to revocation under Section 76 of the Law of Succession Act. A fresh application for a grant must then be made in accordance with the prescribed procedures. Furthermore, the court emphasized that a grant cannot be made to a person who has not applied for it, and the appointment of administrators cannot be imposed by the court. The application for revocation of a grant becomes moot once the grant in question has been revoked and...

Citation
[2013] KEHC 4767 (KLR)
Parties
Applicant: John Karumwa Maina; Respondent: Elijah Mwangi Gachuhi (deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 March 2013
Case Number
Succession Cause 1878 of 2005
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Outcome
application dismissed with costs
Judges
DN Musyoka
Legal Topics
Probate and Administration, Grant of Representation, Substitution of Administrator, Revocation of Grant
Source Language
English
Family and Children Probate and Administration Grant of Representation Substitution of Administrator Revocation of Grant

Case Brief

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Parties

John Karumwa Maina

Applicant

Elijah Mwangi Gachuhi (deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Substitution of Administrator

Legal Issues

  1. 1 Whether a grant of representation can be substituted or transferred to another person upon the death of the administrator.
  2. 2 Whether a person who has not applied for a grant can be appointed as an administrator.
  3. 3 Whether the application for revocation of a grant becomes moot once the grant is revoked.

Ratio Decidendi

The court held that a grant of representation is personal to the appointed administrator and cannot be transferred or substituted to another person upon the administrator's death. Upon the death of the holder, the grant becomes inoperative and is only subject to revocation under Section 76 of the Law of Succession Act. A fresh application for a grant must then be made in accordance with the prescribed procedures. Furthermore, the court emphasized that a grant cannot be made to a person who has not applied for it, and the appointment of administrators cannot be imposed by the court. The application for revocation of a grant becomes moot once the grant in question has been revoked and...

Court Disposition

application dismissed with costs

Orders

  • The application dated 5th March 2008 is dismissed with costs.