[2024] KEHC 16152 (KLR)

[2024] KEHC 16152 (KLR)

The court found that the Grant of Letters of Administration had become useless and inoperative due to the death of the administrator, Gideon Githua Njoroge. The applicant, Frasia Wanjiru Maina, provided sufficient evidence of the administrator's death and the consent of all beneficiaries for her appointment as administratix. The court determined that revocation of the existing Grant and rectification to appoint the applicant as the new administratix was appropriate and in accordance with the Law of Succession Act. The court also noted that the applicant's request for confirmation of the Grant was unnecessary, as the Grant had already been confirmed, and the proper relief was rectification...

Citation
[2024] KEHC 16152 (KLR)
Parties
Appellant: Frasia Wanjiru Maina; Defendant: Thuu Magu Kithenji
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
16 December 2024
Case Number
Family Appeal 2A of 2018
Procedural Posture
Family Appeal / Ruling on Summons for Revocation and Rectification of Grant
Outcome
application allowed
Judges
JM Nang'ea
Legal Topics
Succession, Grant Revocation, Letters of Administration, Confirmation of Grant
Source Language
English
Family and Children Succession Grant Revocation Letters of Administration Confirmation of Grant

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Frasia Wanjiru Maina

Appellant

Thuu Magu Kithenji

Defendant

Procedural Posture

Family Appeal / Ruling on Summons for Revocation and Rectification of Grant

Legal Issues

  1. 1 Whether the Grant of Letters of Administration issued to the deceased administrator should be revoked due to his death.
  2. 2 Whether the applicant should be appointed as the new administratix of the estate.
  3. 3 Whether the Grant should be rectified or amended to reflect the new administrator.

Ratio Decidendi

The court found that the Grant of Letters of Administration had become useless and inoperative due to the death of the administrator, Gideon Githua Njoroge. The applicant, Frasia Wanjiru Maina, provided sufficient evidence of the administrator's death and the consent of all beneficiaries for her appointment as administratix. The court determined that revocation of the existing Grant and rectification to appoint the applicant as the new administratix was appropriate and in accordance with the Law of Succession Act. The court also noted that the applicant's request for confirmation of the Grant was unnecessary, as the Grant had already been confirmed, and the proper relief was rectification...

Court Disposition

application allowed

Orders

  • The Grant of Letters of Administration issued to Gideon Githua Njoroge is revoked.
  • Frasia Wanjiru Maina is appointed as the new administratix of the estate.