[2016] KEHC 7492 (KLR)
The court found that, prima facie, all children of the deceased have an equal claim to the estate and should be allowed to participate in its administration. Excluding the respondent on the basis of alleged personal shortcomings was not justified in law. The interests of justice required that the respondent be...
Source-derived case information.
- Citation
- [2016] KEHC 7492 (KLR)
- Parties
- Applicant: Monicah Nyagichuhi Ngothi; Respondent: John Gikaru Ngothi; Petitioner: Peris Wambui Ngothi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1371 of 1997
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- application allowed in part
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Succession, Administration of Estates, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monicah Nyagichuhi Ngothi
Applicant
John Gikaru Ngothi
Respondent
Peris Wambui Ngothi
Petitioner
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether the applicant should be substituted as administrator of the estate in place of the deceased petitioner.
- 2 Whether the respondent, previously excluded, should be included as an administrator of the estate.
Ratio Decidendi
The court found that, prima facie, all children of the deceased have an equal claim to the estate and should be allowed to participate in its administration. Excluding the respondent on the basis of alleged personal shortcomings was not justified in law. The interests of justice required that the respondent be included as an administrator alongside the applicant. Therefore, the application for substitution was allowed, but with the modification that both Monicah Nyagichuhi Ngothi and John Gikaru Ngothi be appointed as joint administrators in place of the deceased petitioner.
Court Disposition
application allowed in part
Orders
- The application dated 24th September 2015 is allowed to the extent that Monicah Nyagichuhi Ngothi and John Gikaru Ngothi are appointed as joint administrators of the estate of Evanson Ngothi Kaharwa in place of the deceased petitioner.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 1371 OF 1997
IN THE MATTER OF THE ESTATE OF EVANSON NGOTHI KAHARWA (DECEASED)
MONICAH NYAGICHUHI NGOTHI...........................APPLICANT
VERSUS
JOHN GIKARU NGOTHI........................................RESPONDENT
PERIS WAMBUI NGOTHI........................................PETITIONER
RULING
1. The deceased Evanson Ngothi Kaharwa died intestate on 19th March 1991. He was survived by one wife Peris Wambui Ngothi (the petitioner) and five children Monicah Nyagichuhi Ngothi (the applicant), Samuel Kibuchi Ngothi, Erastus Njoroge Ngothi, Alice Esther Waithera Ngohi and John Gikaru Ngothi (the respondent). The petitioner petitioned for letters of administration intestate on 3rd July 1997. A grant was issued to her on 4th September 1997 and confirmed on 2nd June 2000. She died on 17th September 2005 before she could distribute the estate. On 25th September 2015 the applicant filed this application seeking to be substituted as the administrator of the estate in place of her late mother. The respondent opposed the application.
2. It is notable that prior to this application, the respondent filed an application dated 19th January 2015 seeking to revoke and/or annul the grant issued to the petitioner. His complaint, which is the same complaint now, was that petitioner filed the Cause without reference to him, and without indicating in the affidavit in support that he was one of the children of the deceased and therefore entitled to benefit from the estate; that, even when the distribution was eventually done he was not invited or his consent sought, although some provision was made for him. Lastly, that the deceased had another piece of land (LR No Ndabibi/Block 2/Tarabete/104) which was not disclosed. Also not disclosed was that the deceased had sold 2 acres of the land to Geoffrey Kinyua Gacheru (the 2nd applicant in the application for revocation) which had not been formally transferred.
3. The court directed that the application for substitution be heard in priority.
4. The affidavits and statements filed by the applicant and her siblings indicate that the respondent was left out of the petition because he was violent, uncaring, drunk, etc. The rest of the family was opposed to him being an administrator of the estate of the deceased.
5. Prima facie, all the children of the deceased have an equal claim to the estate of the deceased. Without being seen to be dealing with the pending application, I find that the interests of justice dictate that the respondent be allowed to participate in the administration of his late father’s estate. Consequently, I allow the application dated 24th September 2015, except that the name of the petitioner (now deceased) shall be substituted with those of Monicah Nyagichuhi Ngothi and John Gikara Ngothi as the administrators of the estate of the deceased Evanson Ngothi Kaharwa.
DATED and SIGNEDatNAIROBIthis15THday ofFEBRUARY 2016.
A.O. MUCHELULE
JUDGE
DELIVEREDatNAIROBIon the16THday ofFEBRUARY 2016.
W. MUSYOKA
JUDGE