[2013] KEHC 3959 (KLR)

[2013] KEHC 3959 (KLR)

The court held that the death of one of two joint administrators rendered the grant of letters of administration inoperative and useless, as the surviving administrator could not act alone. The proper procedure in such circumstances is revocation of the grant under Section 76 of the Law of Succession Act, not mere substitution of the deceased administrator. The court exercised its jurisdiction to revoke the grant on its own motion and appointed the applicant and the proposed substitute as new administrators. The court further held that the application to vary the distribution ordered in the certificate of confirmation of grant could not be granted because the grant had already become...

Citation
[2013] KEHC 3959 (KLR)
Parties
Applicant: Patrick Kinyua Mwaniki; Co Administrator (deceased): Nancy Wangu Mwaniki; Proposed Administrator: David Maina Mwaniki
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 April 2013
Case Number
Succession Cause 1498 of 1996
Procedural Posture
Succession Cause / Ruling on Application for Removal and Substitution of Administrator, and Variation of Distribution
Outcome
Grant of letters of administration revoked; new administrators appointed; certificate of confirmation of grant cancelled; fresh application for confirmation to be filed.
Judges
DN Musyoka
Legal Topics
Succession, Grant of Letters of Administration, Revocation of Grant, Confirmation of Grant
Source Language
English
Family and Children Succession Grant of Letters of Administration Revocation of Grant Confirmation of Grant

Case Brief

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Parties

Patrick Kinyua Mwaniki

Applicant

Nancy Wangu Mwaniki

Co Administrator (deceased)

David Maina Mwaniki

Proposed Administrator

Procedural Posture

Succession Cause / Ruling on Application for Removal and Substitution of Administrator, and Variation of Distribution

Legal Issues

  1. 1 Whether the grant of letters of administration becomes inoperative upon the death of one of two joint administrators.
  2. 2 Whether the court can remove a deceased administrator and substitute another without revoking the grant.
  3. 3 Whether the distribution ordered in the certificate of confirmation of grant can be varied in the present application.

Ratio Decidendi

The court held that the death of one of two joint administrators rendered the grant of letters of administration inoperative and useless, as the surviving administrator could not act alone. The proper procedure in such circumstances is revocation of the grant under Section 76 of the Law of Succession Act, not mere substitution of the deceased administrator. The court exercised its jurisdiction to revoke the grant on its own motion and appointed the applicant and the proposed substitute as new administrators. The court further held that the application to vary the distribution ordered in the certificate of confirmation of grant could not be granted because the grant had already become...

Court Disposition

Grant of letters of administration revoked; new administrators appointed; certificate of confirmation of grant cancelled; fresh application for confirmation to be filed.

Orders

  • The grant of letters of administration intestate made on 30th September 1996 is revoked.
  • Patrick Kinyua Mwaniki and David Maina Mwaniki are appointed administrators of the estate of Mwaniki Gichumu.