[2017] KEHC 7446 (KLR)

[2017] KEHC 7446 (KLR)

The court found that the applicant's interests were hostile to those of the deceased administratrix, Josephine Aloo Othieno. The purpose of substitution is to allow the incoming party to agitate the position of the deceased, not to overturn it. Josephine had administered the estate without challenge for over seven...

Source-derived case information.

Citation
[2017] KEHC 7446 (KLR)
Parties
Applicant: Maurice Owino Onyango; Respondent: Francis Lukio Mulamba
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
9 March 2017
Case Number
Probate & Administration 58 of 1994
Procedural Posture
Probate and Administration Application / Ruling on Substitution Application
Outcome
application dismissed
Legal Topics
Grant of Letters of Administration, Substitution of Administrator, Confirmation of Grant, Revocation of Grant
Source Language
english
Family and Children Grant of Letters of Administration Substitution of Administrator Confirmation of Grant Revocation of Grant

Source-derived case record

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 2 Party arguments 2
Sign in to unlock

Parties

Maurice Owino Onyango

Applicant

Francis Lukio Mulamba

Respondent

Procedural Posture

Probate and Administration Application / Ruling on Substitution Application

Legal Issues

  1. 1 Whether the applicant should be substituted in place of the deceased administratrix Josephine Aloo Othieno.
  2. 2 Whether the applicant's interests are aligned with those of the deceased administratrix.
  3. 3 Whether the application for substitution and subsequent prayers are merited.

Ratio Decidendi

The court found that the applicant's interests were hostile to those of the deceased administratrix, Josephine Aloo Othieno. The purpose of substitution is to allow the incoming party to agitate the position of the deceased, not to overturn it. Josephine had administered the estate without challenge for over seven years after confirmation of the grant, and there was nothing left to administer. The court also noted that the confirmation of the grant before six months was lawful, as the magistrate was satisfied of the need. Consequently, the application for substitution was not proper, and without substitution, the other prayers were untenable. The application was dismissed in its entirety...

Court Disposition

application dismissed

Orders

  • The application dated 27th November, 2015 is dismissed in its entirety.
  • Costs awarded to the respondent.