[2013] KEHC 1982 (KLR)
The court found that the applicants had provided sufficient evidence of the death of the previous administrator and had obtained the necessary consents from the other beneficiaries. The application was therefore meritorious and the prayers sought were granted, allowing the substitution of administrators for the...
Source-derived case information.
- Citation
- [2013] KEHC 1982 (KLR)
- Parties
- Petitioner: Lucy Nyambura Kirugumi; Petitioner: Jacinta Njeri Kirugumi; Applicant: Esther Wanjiru Mwangi; Applicant: David Njaramba Njeri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 38 of 1995
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrators
- Outcome
- Application allowed. Prayers 1, 2, and 3 granted.
- Legal Topics
- Administration of Estates, Substitution of Administrators, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Nyambura Kirugumi
Petitioner
Jacinta Njeri Kirugumi
Petitioner
Esther Wanjiru Mwangi
Applicant
David Njaramba Njeri
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrators
Legal Issues
- 1 Whether the applicants should be substituted as administrators of the estate of Jacinta Njeri Kirugumi.
- 2 Whether the application is supported by the necessary documentation and consents.
Ratio Decidendi
The court found that the applicants had provided sufficient evidence of the death of the previous administrator and had obtained the necessary consents from the other beneficiaries. The application was therefore meritorious and the prayers sought were granted, allowing the substitution of administrators for the estate of Jacinta Njeri Kirugumi.
Court Disposition
Application allowed. Prayers 1, 2, and 3 granted.
Orders
- The application dated 10/12/2013 is allowed.
- Prayers 1, 2, and 3 of the application are granted.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 38 OF 2013
(FORMERLLY SUCC. 145 OF 1995)
IN THE MATTER OF THE ESTATE OF HALIMA MUTHONI KIRUGUMI (DECEASED)
LUCY NYAMBURA KIRUGUMI)
JACINTA NJERI KIRUGUMI)...........….PETITIONERS
VERSUS
ESTHER WANJIRU MWANGI)
DAVID NJARAMBA NJERI)...........................APPLICANTS
R U L I N G
This application dated 10/12/2013 is supported by the affidavit of Esther Wanjiru Mwangi. The annexture marked EWM”3” confirms that Esther Wanjiru and David Njaramba are administrators of the estate of Jacinta Njeri Kirugumi. Annexture EWM”2” is a death certificate. There is a signed consent by the other beneficiaries.
I am therefore satisfied that the application has merit. The said application dated 10/12/12/ is allowed and prayers 1, 2 & 3 are granted.
DELIVERED, DATED AND SIGNED AT EMBU THIS 3RD DAY OF OCTOBER 2013.
H.I. ONG’UDI
J U D G E
In the presence of:-
Ms. Nyaga for Mr. Mbuthia for Applicant
Njue CC