[2014] KEHC 4228 (KLR)
The court found that the administratrix, Regina Mueni Mbuvi, had died before completing the administration of the estate. The applicants, being the children and sole beneficiaries of the deceased, are the proper persons to substitute as administrators. The death certificate provided confirmed the demise of the...
Source-derived case information.
- Citation
- [2014] KEHC 4228 (KLR)
- Parties
- Applicant: Pauline Tinni Mbuvi; Applicant: Wambua Mbuvi; Applicant: Peter Musau Mbuvi; Applicant: Cosmas Mueni Mbuvi; Respondent: Regina Mueni Mbuvi
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 46 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- Application for substitution of administrators allowed.
- Judges
- LN Mutende
- Legal Topics
- Grant Revocation, Administrator Substitution, Probate and Administration, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Tinni Mbuvi
Applicant
Wambua Mbuvi
Applicant
Peter Musau Mbuvi
Applicant
Cosmas Mueni Mbuvi
Applicant
Regina Mueni Mbuvi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether the grant of letters of administration issued to Regina Mueni Mbuvi should be revoked due to her death.
- 2 Whether the applicants should be substituted as administrators of the estate of the deceased.
Ratio Decidendi
The court found that the administratrix, Regina Mueni Mbuvi, had died before completing the administration of the estate. The applicants, being the children and sole beneficiaries of the deceased, are the proper persons to substitute as administrators. The death certificate provided confirmed the demise of the administratrix. There was no opposition to the application, and the court was satisfied that substitution was necessary to ensure completion of the administration of the estate. Accordingly, the application for substitution was allowed as prayed.
Court Disposition
Application for substitution of administrators allowed.
Orders
- The grant of letters of administration made to Regina Mueni Mbuvi on 7th February, 2003 is revoked.
- The applicants are substituted as administrators of the estate of the deceased in place of Regina Mueni Mbuvi.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO 46 OF 2001
IN THE MATTER OF THE ESTATE OFPATRICK MBUVI WAMBUA(DECEASED)
PAULINE TINNI MBUVI…...……………………………...…1ST APPLICANT
WAMBUA MBUVI………………………………………......2ND APPLICANT
PETER MUSAU MBUVI……..……………………………...3RD APPLICANT
COSMAS MUENI MBUVI………………………………….3TH APPLICANT
VERSUS
REGINA MUENI MBUVI …………………………………….RESPONDENT
RULING
The application dated 25th April, 2013 is brought pursuant to the provisions of Section 76(e) of the Lawof Succession Act and all enabling provisions of the Civil Procedure Rules, and the Probate and Administration Rules.
The applicant seeks orders that ;-
The grant of Letters of administration made to Regina Mueni Mbuvi on the 7th February, 2003 be revoked.
The applicants be substituted as the administrators of the estate of the deceased in place of Regina Mueni Mbuvi.
The application is based on grounds that the administratix of the estate of the deceased died on the 19th October, 2012 before completion of the administration process; the applicants are the children of the deceased hence the sole beneficiaries of the estate; and that it is necessary to substitute the deceased as administrators of the estate for them to complete the administration of the estate.
An affidavit in support of the application sworn by Pauline Tinni Mbuvi having been authorized by her co- applicants who basically reiterates what is stated in the body of the application.
The deceased, Paul Ngei Katunga died having been survived by the applicants herein and their mother Regina Mueni Mbuvi who is now deceased. A Death Certificate No. 328022 issued on the 24th January, 2013 is confirmation of the fact that she died on the 19th October, 2012. In the premises, persons who should administer the estate of the deceased are the applicants.
Consequently, I do allow the application for substitution as prayed.
It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOSthis 19THday ofJUNE 2014.
L.N. MUTENDE
JUDGE