[2010] KEHC 3815 (KLR)
The court found that the deceased died intestate and that the respondents, as surviving widows, were entitled to apply for letters of administration but had failed to do so despite being called upon. The applicant demonstrated urgency and a legitimate interest in the administration of the estate, which includes...
Source-derived case information.
- Citation
- [2010] KEHC 3815 (KLR)
- Parties
- Applicant: Linah Cherop Wangamati; Respondent: Kapon Kisang; Respondent: Tula Kisang
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 68 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Summons for Citation to Accept or Refuse Letters of Administration
- Outcome
- Conditional grant of letters of administration to applicant in default of respondents' action.
- Legal Topics
- Probate and Administration, Letters of Administration, Intestate Succession, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linah Cherop Wangamati
Applicant
Kapon Kisang
Respondent
Tula Kisang
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Summons for Citation to Accept or Refuse Letters of Administration
Legal Issues
- 1 Whether the respondents, as surviving widows, should be compelled to accept or refuse letters of administration for the estate of the deceased.
- 2 Whether the applicant is entitled to be granted letters of administration in default of the respondents' action.
Ratio Decidendi
The court found that the deceased died intestate and that the respondents, as surviving widows, were entitled to apply for letters of administration but had failed to do so despite being called upon. The applicant demonstrated urgency and a legitimate interest in the administration of the estate, which includes substantial land holdings. The court held that, in accordance with the Probate and Administration Rules and the Law of Succession Act, the respondents must be given a final opportunity to accept or refuse the grant of letters of administration. If they fail to act within the stipulated period after service, the applicant is entitled to be granted letters of administration to ensure...
Court Disposition
Conditional grant of letters of administration to applicant in default of respondents' action.
Orders
- Kapon Kisang and Tula Kisang to enter appearance and accept or refuse letters of administration within fifteen (15) days after service.
- In default of appearance or acceptance, letters of administration to be granted to Linah Cherop Wangamati.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE
Miscellaneous Civil Application 68 of 2009
LINAH CHEROP WANGAMATI.................APPLICANT.
AND
KAPON KISANG )
TULAKISANG )...........................................................RESPONDENT.
R U L I N G.
By summons for citation to accept or refuse letters of administration intestate, pursuant to rules 21 of the Probate and Administration rules, the applicant sought orders that Kapon Kipsang and Tula Kisang do within 15 days after services of summons cause an appearance to be entered for him to accept or refuse letters of administration of all the estate which by law devolves to and vests in the personal representatives of the deceased or show cause why the same should not be granted to the said Linah Cherop Wangamati. That in default of entering appearance and accepting to extract letters of administration, the court do proceed to grant letters of administration of the estate to Linah Cherop Wangamati his absence notwithstanding.
The summons is predicated upon the annexed affidavit of Linah Cherop Wangamati sworn on the 9th day of September, 2009.
The thrust of the applicant’s case is that Peter Kisang Chelewa died on 6th January, 1974 interstate, leaving behind Kapon Kisang and Tula Kisang as surviving widows, and being persons entitled to share in the estate. The applicants mother passed away on 20th July, 1988 as per exhibit “LCW 2”.
That the deceased had ten (10) sons and daughters surviving him. Among the deceased earthly belongings was land measuring 60 acres in Lelan and 23 acres (plot No. 83) in Suwerwa Settlement Scheme.
That there is urgent need to have the estate of the deceased administered since he died intestate. The surviving widows have failed to apply for a grant of letters of administration since his death even when called upon so to do by a letter exhibited as “LCW 3”.
I have carefully considered the evidence on record. Having done so, I order that Kapon Kisang and Tula Kisang do within fifteen (15) days after service hereof cause an appearance to be entered on their behalf in this cause/application. That in relation, they should accept or refuse to take up letters of administration of the estate which by law devolves or vests in the personal representative of the deceased. In default of entering appearance or accepting to extract letters of administration, this honourable court will proceed to grant letters of administration of the said estate to Linah Cherop Wangamati their absence notwithstanding an application.
Dated and delivered this 3rd day of February 2010.
N.R.O. OMBIJA.
JUDGE.