[2014] KEHC 1499 (KLR)
The court found that the grant of letters of administration issued to the petitioner was obtained without the requisite written consents from the other beneficiaries, in violation of Section 26(1)(2) of the Probate & Administration Rules and Section 66 of the Succession Act. The objectors' application was filed...
Source-derived case information.
- Citation
- [2014] KEHC 1499 (KLR)
- Parties
- Petitioner: Johnie Michael Sullivan; Objector: George Adolph Sullivan; Objector: Derrick Sullivan; Objector: Angela Sullivan; Objector: Linda Sulivan; Objector: Lisette Sullivan
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1459 of 2011
- Procedural Posture
- Succession Cause / Ruling on Objection to Grant of Letters of Administration
- Outcome
- grant revoked and annulled; fresh process ordered
- Judges
- MW Muigai
- Legal Topics
- Succession, Letters of Administration, Consent of Beneficiaries, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnie Michael Sullivan
Petitioner
George Adolph Sullivan
Objector
Derrick Sullivan
Objector
Angela Sullivan
Objector
Linda Sulivan
Objector
Lisette Sullivan
Objector
Procedural Posture
Succession Cause / Ruling on Objection to Grant of Letters of Administration
Legal Issues
- 1 Whether the grant of letters of administration was obtained without the requisite consent of all beneficiaries.
- 2 Whether the grant was obtained fraudulently or in breach of statutory requirements.
- 3 Whether the grant should be revoked and the process commenced afresh.
Ratio Decidendi
The court found that the grant of letters of administration issued to the petitioner was obtained without the requisite written consents from the other beneficiaries, in violation of Section 26(1)(2) of the Probate & Administration Rules and Section 66 of the Succession Act. The objectors' application was filed within the required period and properly served, but was not considered due to an administrative oversight. The petitioner failed to attend court or provide any justification for the manner in which the grant was obtained. The court held that the failure to obtain the necessary consents constituted a breach of statutory requirements, rendering the grant invalid. Consequently, the...
Court Disposition
grant revoked and annulled; fresh process ordered
Orders
- The grant of letters of administration issued on 19/7/2011 to the petitioner is revoked and annulled.
- The process of obtaining a grant of letters of administration for the estate of Joachim Oliver Sullivan shall be conducted afresh in compliance with the law.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1459 OF 2007
IN THE MATTER OF THE ESTATE OF JOACHIM OLIVER SULLIVAN (DECEASED)
JOHNIE MICHAEL SULLIVAN................................................................PETITIONER
VERSUS
GEORGE ADOLPH SULLIVAN
DERRICK SULLIVAN
ANGELA SULLIVAN
LINDA SULIVAN
LISETTE SULLIVAN.................................................................................OBJECTORS
RULING
The deceased Joachim Oliver Sallivan died 10/9/79. The Applicant filed the objection to making of grant filed on 6/2/2012 objecting to the grant made on 19/7/2011. The grounds are that the Objectors being beneficiaries of the estate of the deceased did not consent to the Petition being obtained by the Petitioner Johnie Michael Sullivan. The Petitioner obtained the grant fraudulently. The application was not read and determined.
The Objectors through Counsel Mr. Mutua wrote to the Court on 14/5/2012 on the issue of the grant while an objection was raised and filed within the requisite period. The Family Court Division Registry the Deputy Registrar by a letter dated 17/56/2012 admitted that the Objector’s application was not/ brought to the attention of the Deputy Registrar.
The Applicant through the Counsel served the same application on the Respondent/Petitioner and the Hearing Notice of the hearing of the applications on the Petitioner’s Advocate Waithima & Co. Advocates on 22/9/2014. The Affidavit of Service was filed on 8/10/2014.
The Respondent/Petitioner did not attend Court or advance reason for the Court to consider. The matter produced exparte Mr. Mutua on behalf of the Objectors explained the matter to Court on the substantive application of 6/2/2012.
The facts and pleadings were not controverted and it is legal matter that grant of letters of administration are obtained with relevant consent and disclosure as required by Section 26 (1)(2) of the Probate & Administration Rules.
The grant of letters of administration issued to the Petitioner herein did not comply with Section 66 of the Succession Act and Part III 7(7) of the Probate & Administration Rules. Any person seeking a grant of letters of administration ought to obtain consents in writing to the making of the grant to the applicant by other beneficiaries or dependants
In light of breach of the legal requirement of obtaining a grant by the Petitioner by having the relevant consents from the other beneficiaries the grant of 19/11/2011 herein is hereby revoked and annulled by virtue of Section 76 (b) of Succession Act. The process of obtaining a grant of letter of administration for the estate of the deceased Joachim Oliver Sillivan be conducted afresh and in compliance of the Law.
No orders as to costs.
Read and Signed at Nairobi on this 31st Day of October, 2014.
In the presence of Mr. Wandati holding brief for Mr. Mutua for the Applicant.
MUIGAI
JUDGE