[2010] KEHC 2210 (KLR)
The court held that it is procedurally improper to determine the distribution of the deceased's estate before the grant of letters of administration has been issued. The correct process is for the grant to be issued to the administrators, after which an application for confirmation of the grant can be made,...
Source-derived case information.
- Citation
- [2010] KEHC 2210 (KLR)
- Parties
- Applicant: Mary Gathoni Gathogo; Respondent: Christopher Caxston Gathogo Kariuki
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 387 of 2008
- Procedural Posture
- Succession Cause / Ruling on Issuance of Grant of Letters of Administration
- Outcome
- Grant of letters of administration to be issued to both parties; distribution to be determined upon application for confirmation.
- Legal Topics
- Probate and Administration, Grant of Letters of Administration, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Gathoni Gathogo
Applicant
Christopher Caxston Gathogo Kariuki
Respondent
Procedural Posture
Succession Cause / Ruling on Issuance of Grant of Letters of Administration
Legal Issues
- 1 Whether the grant of letters of administration should be issued before the distribution of the estate is determined.
- 2 Whether affidavits on distribution can be filed before the grant is issued.
Ratio Decidendi
The court held that it is procedurally improper to determine the distribution of the deceased's estate before the grant of letters of administration has been issued. The correct process is for the grant to be issued to the administrators, after which an application for confirmation of the grant can be made, accompanied by affidavits detailing the proposed distribution. The court directed the registry to issue the grant to both the applicant and respondent, and stated that only after this step can the parties properly apply for confirmation and distribution of the estate.
Court Disposition
Grant of letters of administration to be issued to both parties; distribution to be determined upon application for confirmation.
Orders
- The registry is directed to issue a grant of letters of administration to both the applicant and the respondent.
- Either party may thereafter apply for confirmation of the grant and file affidavits on the distribution of the estate.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Succession Cause 387 of 2008
IN THE MATTER OF THE ESTATE OF CATHOGO WAGACA ALIAS GATHOGO WAGACA GATHOGO (DECEASED)
MARY GATHONI GATHOGO…………………................…..........…….APPLICANT
VERSUS
CHRISTOPHER CAXSTON GATHOGO KARIUKI.........................RESPONDENT
RULING
After this court, at the instance of Mary Gathoni Gathogo (the citor), issued the citation dated 23rd July 2008 calling upon Christopher Caxston Gathogo Kariuki (the citee) to enter appearance and accept or refuse to take letters of administration in respect of the estate of his late father Gathogo Wagaca alias Gathogo Wagaca Gathogo (the deceased), the parties recorded a consent that a grant of letters of administration be issued to both the citor and the citee after which the issue of distribution could be determined.Instead of causing the registry to issue the grant and thereafter apply for its confirmation and the distribution of the estate, the parties have filed affidavits and submissions and how they wish the estate to be distributed and asked me to determine the matter on those written representation.
That is putting the cart before the horse.I direct the registry to issue a grant of letters of administration to both the citor and the citee after which either of them can apply for confirmation.It is in that application that they should file affidavits on the distribution of the estate.
DATED and DELIVERED this 8th day of June 2010.
D. K. MARAGA
JUDGE.