[2005] KEHC 2073 (KLR)
The court found that the application to amend the grant was merited as it was necessary to substitute the deceased administrator with a living one, to include all assets forming part of the estate, and to ensure all rightful heirs are recognized. The court held that granting the orders sought was in the interest of...
Source-derived case information.
- Citation
- [2005] KEHC 2073 (KLR)
- Parties
- Applicant: Lusitina Jason Namayi; Applicant: Wycliffe Shibia Wanamayi; Respondent: Gilbert Chamwoma Namayi; Respondent: Kenneth Kangu Namayi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 191 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Grant
- Outcome
- application allowed
- Legal Topics
- Amendment of Grant, Letters of Administration, Substitution of Administrator, Inclusion of Assets, Inclusion of Heirs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lusitina Jason Namayi
Applicant
Wycliffe Shibia Wanamayi
Applicant
Gilbert Chamwoma Namayi
Respondent
Kenneth Kangu Namayi
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Amend Grant
Legal Issues
- 1 Whether the grant of letters of administration should be amended to substitute a deceased administrator with a new one.
- 2 Whether additional assets should be included in the estate.
- 3 Whether additional heirs should be included in the list of beneficiaries.
Ratio Decidendi
The court found that the application to amend the grant was merited as it was necessary to substitute the deceased administrator with a living one, to include all assets forming part of the estate, and to ensure all rightful heirs are recognized. The court held that granting the orders sought was in the interest of justice and proper administration of the deceased's estate.
Court Disposition
application allowed
Orders
- The grant of letters of administration made on 21-12-2001 is amended by substituting the name of Gilbert Chamwoma Namayi with Kenneth Kangu Namayi.
- Land title No. Marama/Lunza/4 and land title No. Marama/Buchenya/584 are added to the list of assets constituting the estate.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT KAKAMEGA SUCCESSION CAUSE NO. 191 OF 2001 IN THE MATTER OF THE ESTATE OF THE LATE JASON NAMAYI WANDABWA (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR AMENDMENT OF THE GRANT AND 1. LUSITINA JASON NAMAYI 2. WYCLIFFE SHIBIA WANAMAYI ::::::::::PETITIONERS/APPLICANTS RULING
The Petitioners, Messrs Lustina Jason Namayi, and Wycliffe Shibia Wanamayi sought in their application dated 13. 7.2004 an order that the Grant of Letters of Administration made on 21-12-2001 to them and Gilbert Chamwoma Namayi in the estate of the late Jason Namayi Wandabwa, deceased, be amended by substituting the name of Gilbert Chamwona Namayi with that of Kenneth Kangu Namayi because the former died on 30. 7.2002. The applicants/Petitioners also sought orders to add onto the list of the assets constituting the estate of the deceased Land title No. Marama/Lunza/4 and land title No.Marama/Buchenya/584. They also sought an order for inclusion as heirs Messrs Kenneth Kangu Namayi, John Omumamu Namayi and Esther Atsango.
I have perused the application and I am satisfied that it is in the interest of justice to allow it and to grant the orders sought. Accordingly, I allow it and grant the orders sought.
It is so ordered.
Dated at Kakamega this 24th day of June, 2005.
G. B. M. KARIUKI J UD G E