[2006] KEHC 2890 (KLR)
The court found that the petition for letters of administration filed by the petitioner, Lucy Wangare Kanene, did not survive her death as no other person had come forward to continue or substitute in the proceedings. In the absence of a surviving petitioner and with a cross petition by the objector pending, the...
Source-derived case information.
- Citation
- [2006] KEHC 2890 (KLR)
- Parties
- Petitioner: Lucy Wangare Kanene; Objector: Hellen Wairimu Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 86 of 1996
- Procedural Posture
- Succession Cause / Ruling on Objection and Cross Petition After Death of Petitioner
- Outcome
- No final orders made; mention of related succession cause directed.
- Legal Topics
- Succession, Letters of Administration, Cross Petition, Estate Administration, Death of Petitioner
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wangare Kanene
Petitioner
Hellen Wairimu Mwangi
Objector
Procedural Posture
Succession Cause / Ruling on Objection and Cross Petition After Death of Petitioner
Legal Issues
- 1 Whether the petition for letters of administration filed by the deceased petitioner survives after her death.
- 2 Who is entitled to administer the estate of the deceased in light of the petitioner's demise.
- 3 Whether the cross petition by the objector should be considered in the absence of a surviving petitioner.
Ratio Decidendi
The court found that the petition for letters of administration filed by the petitioner, Lucy Wangare Kanene, did not survive her death as no other person had come forward to continue or substitute in the proceedings. In the absence of a surviving petitioner and with a cross petition by the objector pending, the court determined that it was necessary to mention the related succession cause concerning the late petitioner's estate before making final orders. This would allow all interested parties, including the advocates for both sides, to clarify the status of administration and determine the proper party to proceed with the administration of the deceased's estate.
Court Disposition
No final orders made; mention of related succession cause directed.
Orders
- Succession cause number 525 of 2001 to be mentioned before the court in the presence of both advocates as soon as possible.
- No final orders on administration of the deceased's estate until after the mention.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Succession Case 86 of 1996
LUCY WANGARE KANENE……………........................................……PETITIONER
VERSUS
HELLEN WAIRIMU MWANGI…………......................................……….OBJECTOR
RULING
The objector was the mother of the late James Kanene Mwangi (hereinafter referred to as “the deceased”) who died on 20th November, 1995. The Petitioner, Lucy Wangare Kanene applied for letters of administration of the Estate of the deceased and said that she was the widow of the deceased. The petition was filed on 12th March, 1996 and the objection was filed on 9th September, 1996. The objector also filed a cross petition for grant of representation of the deceased’s estate. The cross petition was filed on 25th October, 1996. She claimed that she was the one entitled to administer the deceased’s estate which she said consisted of the following:
(a) A plot at Lanet
(a) A shop at Nakuru Township
(b) A bus registration number KAE 144Y
(c) A pick-up Mazda
(d) A Peugeot registration number KAD 135R
(e) Life Insurance claim
(f) Fatal Accident claim
(g)Sundry Estate worth about Kshs.600,000/=
The Petitioner passed away on 8th January, 2000. Subsequent to her demise, Mr. Ikua who was acting for the petitioner told the court that a petition for letters of administration in respect of her estate had been filed in succession cause number 525 of 2001. He said that the matter would be heard on 26th September, 2003.
When this matter came up for hearing on 25th August, 2005, nothing was said about succession cause No.525 of 2001.
It appears to me that the petitioner, having died nearly five years ago, the petition that had been filed by her did not survive. No other person came forward to apply to administer the estate of the deceased. Before I make the final orders in this matter, I direct that succession cause number 525 of 2001 be mentioned before me in the presence of both Mr. Kahiga for the objector and Mr. Ikua who was acting for the petitioner. This should be done as soon as possible.
DATED, SIGNED and DELIVERED at Nakuru this 10th day of March, 2006
D. MUSINGA
JUDGE
Mention on 3. 4.2006.
D. MUSINGA
JUDGE