[2013] KEHC 4829 (KLR)
The court found that the citee, as the only surviving son and next of kin, is entitled and obligated to petition for grant of letters of administration intestate. The citor's interest in the estate, based on her claim that her deceased husband purchased part of the property, can only be addressed once the proper...
Source-derived case information.
- Citation
- [2013] KEHC 4829 (KLR)
- Parties
- Applicant: Joyce Machengo Makokha; Respondent: Abdalla Matasi Okome
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 94 of 2012
- Procedural Posture
- Succession Cause / Ruling on Citation for Grant of Letters of Administration
- Outcome
- Citation allowed; citee ordered to file petition for grant of letters of administration intestate within 45 days.
- Legal Topics
- Succession, Letters of Administration, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Machengo Makokha
Applicant
Abdalla Matasi Okome
Respondent
Procedural Posture
Succession Cause / Ruling on Citation for Grant of Letters of Administration
Legal Issues
- 1 Whether the citee should be compelled to petition for grant of letters of administration intestate for the estate of the deceased.
- 2 Whether the citor is entitled to have her claim considered in the administration of the estate.
Ratio Decidendi
The court found that the citee, as the only surviving son and next of kin, is entitled and obligated to petition for grant of letters of administration intestate. The citor's interest in the estate, based on her claim that her deceased husband purchased part of the property, can only be addressed once the proper grant is issued. The court therefore ordered the citee to file the petition within 45 days, without requiring a letter from the Assistant Chief, and to serve the citor with a copy of the petition. The court further directed that each party bear their own costs and that the file be closed upon filing of the petition.
Court Disposition
Citation allowed; citee ordered to file petition for grant of letters of administration intestate within 45 days.
Orders
- The citee shall file his petition for grant of letters of administration intestate within 45 days of this ruling.
- The petition shall be filed without the letter from the Assistant Chief.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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IN THE MATTER OF THE ESTATE OF OKOME ORANGA OMAR ... DECEASED
JOYCE MACHENGO MAKOKHA .................................................. CITOR
V E R S U S
ABDALLA MATASI OKOME ........................................................... CITEE
R U L I N G
The c itor, Joyce Machengo Makokha would like the next of kin of the late OKOME ORANGA OMAR take out letters of administration so that she can lodge her claim over the estate. Her claim is that her deceasedhusband bought part of plot number E. WANGA/ELUCHE/172 from the deceased.
In response, Abdalla Matasi Okome contends that he is the deceased’s son and the only surviving son. The family allowed him to petition the court for letters of administration but his efforts have been thwarted by the area senior assistant chief who has been insisting that the citor be included as a beneficiary.
That being the position, the court hereby orders that the citee does file his petition for grant of letters of administration intestate within 45 days hereof. The said petition shall be filed without the letter from Assistant Chief and the citor to be served with a copy of the petition. Each party to meet his/her own costs. It is so ordered. Upon filing the petition this file shall be deemed as closed.
Delivered, dated and signed at Kakamega this 7th day of February, 2013
SAID J. CHITEMBWE
J U D G E