[2016] KEHC 3043 (KLR)
The court held that since the citees failed to enter appearance or accept the citation, the citor is entitled to petition for the grant of letters of administration intestate. However, the citor must comply with all requirements under the Law of Succession Act to ensure the interests of beneficiaries and creditors...
Source-derived case information.
- Citation
- [2016] KEHC 3043 (KLR)
- Parties
- Applicant: Nyaga Paul; Respondent: Peter Namu Ndwiga; Respondent: Jacob Kinyua Ndwiga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 399 of 2015
- Procedural Posture
- Succession Cause / Ruling on Compliance With Citation and Grant of Letters of Administration
- Outcome
- Order granted for citor to petition for grant of letters of administration intestate; no order as to costs.
- Legal Topics
- Succession, Grant of Letters of Administration, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Paul
Applicant
Peter Namu Ndwiga
Respondent
Jacob Kinyua Ndwiga
Respondent
Procedural Posture
Succession Cause / Ruling on Compliance With Citation and Grant of Letters of Administration
Legal Issues
- 1 Whether the citor is entitled to petition for grant of letters of administration intestate following the citees' failure to respond to the citation.
- 2 What requirements must the citor comply with under the Law of Succession Act in administering the estate.
Ratio Decidendi
The court held that since the citees failed to enter appearance or accept the citation, the citor is entitled to petition for the grant of letters of administration intestate. However, the citor must comply with all requirements under the Law of Succession Act to ensure the interests of beneficiaries and creditors are protected. The court made no order as to costs.
Court Disposition
Order granted for citor to petition for grant of letters of administration intestate; no order as to costs.
Orders
- The citor is permitted to petition for the grant of letters of administration intestate.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
SUCCESSION CAUSE NO. 399 OF 2015
IN THE MATTER OF THE ESTATE OF HEZEKIEL NDWIGA (DECEASED)
NYAGA PAUL...................................................CITOR
VERSUS
PETER NAMU NDWIGA
JACOB KINYUA NDWIGA............................CITEES
R U L I N G
1. On 19th July 2016 I granted an order to the citor to petition for the grant of letters of administration intestate following the failure of the citees to enter appearance or to accept the citation dated 30th September 2015 issued by the Deputy Registrar. The citation was served upon the citees on 30thOctober 2015 by counsel for the citor.
2. This ruling is in furtherance of the foregoing order. It therefore follows that the citor (Nyaga Paul) has to comply with the requirements of the Law of Succession Act (Cap 160) Laws of Kenya in his attempt to administer the estate of the deceased.
3. The purpose of complying with the requirement of Law of succession Act is to ensure that the interest of the rightful beneficiaries and their rightful shares as well as those of the creditors are protected.
4. In the circumstances I make no order as to costs.
RULING DELIVERED,DATEDandSIGNED in open court at EMBU this 14th of SEPTEMBER 2016.
In the presence of Mr Kamunyori for the petitioners.
Court clerk Njue
J.M. BWONWONGA
JUDGE
14. 09. 16