[2021] KEHC 7042 (KLR)
The court found that the grant of letters of administration and the confirmed grant had become inoperative following the death of the administrator, M’Muguna M’Nguthari. As the estate had not been fully administered and the beneficiary, Fredrick Kirimi Muriithi, had attained majority, it was necessary to revoke the...
Source-derived case information.
- Citation
- [2021] KEHC 7042 (KLR)
- Parties
- Petitioner: M’Muguna M’Nguthari; Applicant: Fredrick Kirimi Muriithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 13 of 2004
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- application allowed
- Judges
- EM Muriithi
- Legal Topics
- Grant Revocation, Estate Administration, Land Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Muguna M’Nguthari
Petitioner
Fredrick Kirimi Muriithi
Applicant
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the grant of letters of administration and confirmed grant should be revoked due to the death of the administrator.
- 2 Whether the applicant should be appointed as administrator for the un-administered estate.
- 3 Whether the restriction on parcel Ntima/Igoki/7774 should be removed to allow registration in the applicant's name.
Ratio Decidendi
The court found that the grant of letters of administration and the confirmed grant had become inoperative following the death of the administrator, M’Muguna M’Nguthari. As the estate had not been fully administered and the beneficiary, Fredrick Kirimi Muriithi, had attained majority, it was necessary to revoke the previous grants and appoint the applicant as the new administrator for the un-administered estate. The court further held that the restriction on parcel Ntima/Igoki/7774, which was intended to protect the applicant's interest, should be removed to allow for registration of the property in his name. The court ordered the issuance of a new confirmed grant reflecting the...
Court Disposition
application allowed
Orders
- The Grant of Letters of Administration and Confirmed Grant of Letters of Administration issued on 7/6/2004 and 30/4/2009 are revoked.
- Fredrick Kirimi Muriithi is appointed administrator for the un-administered estate of the deceased, and a Confirmed Grant shall be issued in his name.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO 13 OF 2004
M’MUGUNA M’NGUTHARI..................................................PETITIONER
VERSUS
FREDRICK KIRIMI MURIITHI..............................................APPLICANT
RULING
1. By Confirmed Grant made on 5th May 2009, parcel of land Ntima/Igoki/6372 was distributed to a purchaser Harriet Kanyiri Mboroki 0. 05 ha and the balance to the petitioner/administrator M’Muguna M’Nguthari to hold in trust for Kirimi Muriithi.
2. Upon subdivision, the parcel of land going to the said beneficiary Kirimi Murithi became parcel No. Ntima/Igoki/ 7774 measuring 0. 008 ha.
3. The administrator died before the completion of the transmission process to the beneficiary who is now over 18 years of age and seeks the registration of the asset in his name, which he gives in full as Fredrick Kirimi Muriithi,
4. For purpose of the registration into his name, the beneficiary now seeks the removal of the restriction entered as Entry No. 2 on the Green Card for parcel No. Ntima/Igoki/7774 which was intended to protect his interest upon the death of the administrator.
ORDER
5. Upon reading the application dated 20/1/2021 and having perused the annextures hereto and upon hearing counsel for the applicant, the court finds merit in the said application and makes the following Orders:-
1) The Grant of Letters of Administration and Confirmed Grant of Letters of Administration issued on 7/6/2004 and 30/4/2009, respectively, are revoked for having become inoperative following the death of the administrator.
2) The applicant Fredrick Kirimi Muriithi is appointed the administrator for the un-administered estate of the deceased, and a Confirmed Grant shall be issued in his name.
3) The Confirmed Grant shall show the portion of 0. 05ha of original parcel of land 6372 as distributed to Harriet Kanyiri Mboroki and the balance of the land which upon subdivision became Ntima/Igoki/7774 is distributed to the applicant Fredrick Kirimi Muriithi in his name.
4) An order for removal of Entry No. 2, the restriction on dealings with parcel No. Ntima/Igoki/7774, shall accordingly issue.
5) Costs in the cause.
Order accordingly
DATED AND DELIVERED ON THIS 22ND DAY OF APRIL, 2021.
EDWARD M. MURIITHI
JUDGE