[2009] KEHC 1504 (KLR)
The court found that Andrew Amunze Ayuka is not the administrator of the estate of Mark Akhonya, but rather of Hebron Amunze, who was the previous administrator. With the death of Hebron Amunze and no substitution having been made, there is no legal administrator for Mark Akhonya's estate. Consequently, the...
Source-derived case information.
- Citation
- [2009] KEHC 1504 (KLR)
- Parties
- Plaintiff: Mark Akhonya; Defendant: Gopalbhal Karasan Patel
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Case 52 of 1999
- Procedural Posture
- Preliminary Objection / Ruling
- Outcome
- preliminary objection upheld; application dismissed for want of locus standi
- Legal Topics
- Locus Standi, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Akhonya
Plaintiff
Gopalbhal Karasan Patel
Defendant
Procedural Posture
Preliminary Objection / Ruling
Legal Issues
- 1 Whether the applicant has locus standi to bring the application on behalf of the estate of Mark Akhonya.
- 2 Whether the absence of a duly appointed administrator for the estate of Mark Akhonya renders the application incompetent.
Ratio Decidendi
The court found that Andrew Amunze Ayuka is not the administrator of the estate of Mark Akhonya, but rather of Hebron Amunze, who was the previous administrator. With the death of Hebron Amunze and no substitution having been made, there is no legal administrator for Mark Akhonya's estate. Consequently, the applicant lacks locus standi to bring the application. The preliminary objection on this ground was upheld, rendering it unnecessary to consider the second ground of objection.
Court Disposition
preliminary objection upheld; application dismissed for want of locus standi
Orders
- The preliminary objection is upheld on the ground that the applicant has no locus standi.
- The application is dismissed.
Full Case Text
Judgment text and source record
12 paragraphs
MARK AKHONYA:…………………….........……….PLAINTIFF
VERSUS
GOPALBHAL KARASAN PATEL:…………….DEFENDANT
RULING:
It is conceded that the Applicant Andrew Amunze Ayuka is not the administrator of the estate of Mark Akhonya amunze. He says he is the administrator of the estate of Hebron Amunze. Hebron Amunze was the Administrator of the estate of Mark Amunze. With the death of Hebron and there being no substitution, there is in law no administrator of the estate of Mark. On that ground I uphold the Preliminary Objection on ground one. In that case I need not concern myself with ground 2 of the Preliminary Objection as the same resolves itself. The applicant simply has no locus standi.
DATED AND DELIVERED AT ELDORET THIS 21ST DAY OF OCTOBER, 2009.
P.M.MWILU
JUDGE
IN THE PRESENCE OF:-
C/C - Paul
Jaguga for Respondent
Kamau for Applicant