[2014] KEHC 7122 (KLR)
The court found that the original administrator, Mulondu Kitema, had died before completing the administration of the estate of Kitema Mutiso. The applicant, Alice Munyiva Mutuku, produced a death certificate as evidence of his demise. All beneficiaries of the estate consented to her appointment as the new...
Source-derived case information.
- Citation
- [2014] KEHC 7122 (KLR)
- Parties
- Applicant: Alice Munyiva Mutuku; Petitioner: Mulondu Kitema; Respondent: Josephine Wavinya Kithome
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1 ‘B’ of 2004
- Procedural Posture
- Succession Cause / Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Rectification of Grant, Letters of Administration, Substitution of Administrator, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Munyiva Mutuku
Applicant
Mulondu Kitema
Petitioner
Josephine Wavinya Kithome
Respondent
Procedural Posture
Succession Cause / Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to substitute the deceased administrator with the applicant.
- 2 Whether the applicant is a suitable person to be appointed as administratrix of the estate.
Ratio Decidendi
The court found that the original administrator, Mulondu Kitema, had died before completing the administration of the estate of Kitema Mutiso. The applicant, Alice Munyiva Mutuku, produced a death certificate as evidence of his demise. All beneficiaries of the estate consented to her appointment as the new administratrix. The court held that, in accordance with the Law of Succession Act and upon satisfaction that the substitution was in the best interest of the estate, the application for rectification of the grant was merited and allowed as prayed.
Court Disposition
application allowed
Orders
- The application for rectification of the grant is allowed as prayed.
- Alice Munyiva Mutuku is substituted as administratrix of the estate of Kitema Mutiso in place of the late Mulondu Kitema.
Full Case Text
Judgment text and source record
16 paragraphs
No.202/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 1 ‘B’ OF 2004
IN THE MATTER OF THE ESTATE OFKITEMA MUTISO(DECEASED)
MULONDU KITEMA..........................................................................PETITIONER
VERSUS
JOSEPHINE WAVINYA KITHOME.....................................................OBJECTOR
RULING
By an Application dated 19th April, 2013, Alice Munyiva Mutuku seeks rectification of a Grant of Letters of Administration issued herein in order to have the name of Mulondu Kitema now deceased substituted.
The Application is based on grounds that the deceased, who was the legal administrator of the estate, has since died before administering the estate of Kitema Mutiso. The rectification is therefore in the best interest of the estate of the deceased.
Evidence of Mulandu Kitema’s demise is proved by a Death Certificate No. 085616. He passed away on the 5th March 2010. Family members who are beneficiaries in this cause have consented to his daughter Alice Munyiva Mutuku,the Applicant herein taking up his place as the administratix of the estate of Kitema Mutiso. In the premises, I do allow the application as prayed.
It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 13THday of FEBRUARY 2014
L.N. MUTENDE
JUDGE