[2018] KEHC 5834 (KLR)

[2018] KEHC 5834 (KLR)

The court found that the deceased left behind two wives who could not agree on who should take out letters of administration. In such circumstances, Rule 21 of the Probate & Administration Rules empowers the court to allow one party to proceed. The court exercised its discretion to permit Mellen Bosibori Motari to...

Source-derived case information.

Citation
[2018] KEHC 5834 (KLR)
Parties
Applicant: Mellen Bosibori Motari; Respondent: Esther Bonareri Motari; Respondent: Erick Mitunda Motari
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Citation Cause 2 of 2017
Procedural Posture
Citation Application / Ruling
Outcome
Application allowed. Mellen Bosibori Motari permitted to petition for grant of letters of administration within 30 days.
Judges
DAS Majanja
Legal Topics
Probate and Administration, Letters of Administration, Intestate Succession
Source Language
en
Family and Children Probate and Administration Letters of Administration Intestate Succession

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Parties

Mellen Bosibori Motari

Applicant

Esther Bonareri Motari

Respondent

Erick Mitunda Motari

Respondent

Procedural Posture

Citation Application / Ruling

Legal Issues

  1. 1 Whether Mellen Bosibori Motari should be allowed to petition for grant of letters of administration for the estate of Simeon Motari Asiago.
  2. 2 Whether the inability of the two wives to agree on administration justifies granting leave to one party.

Ratio Decidendi

The court found that the deceased left behind two wives who could not agree on who should take out letters of administration. In such circumstances, Rule 21 of the Probate & Administration Rules empowers the court to allow one party to proceed. The court exercised its discretion to permit Mellen Bosibori Motari to petition for grant of letters of administration within 30 days, and deemed the ruling as consent to be served on the other parties. The decision was based on the need to ensure the administration of the estate is not delayed due to lack of consensus among the parties entitled to apply.

Court Disposition

Application allowed. Mellen Bosibori Motari permitted to petition for grant of letters of administration within 30 days.

Orders

  • Mellen Bosibori Motari is allowed to take out the petition for grant of letters of administration for the deceased’s estate within 30 days from the date of the ruling.
  • This ruling shall be deemed to be the consent and shall be served on the Citees together with the duly filed petition for grant of letters of administration.