[2007] KEHC 143 (KLR)
The court found that the grant of letters of administration had become useless and inoperative due to the deaths of both the original and subsequent administrators, with no steps taken to administer or distribute the estate. The confusion among the beneficiaries and the lack of progress in the administration of the...
Source-derived case information.
- Citation
- [2007] KEHC 143 (KLR)
- Parties
- Applicant: Peterson Muriithi Mithamo; Respondent: Eliud Ndugutu Mugo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 30 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Revoke Grant of Letters of Administration
- Outcome
- grant revoked and annulled
- Legal Topics
- Revocation of Grant, Succession Procedure, Administrator Deceased
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peterson Muriithi Mithamo
Applicant
Eliud Ndugutu Mugo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Revoke Grant of Letters of Administration
Legal Issues
- 1 Whether the grant of letters of administration has become useless and inoperative due to the death of the administrator.
- 2 Whether the grant should be revoked and annulled under section 76 of the Succession Act.
Ratio Decidendi
The court found that the grant of letters of administration had become useless and inoperative due to the deaths of both the original and subsequent administrators, with no steps taken to administer or distribute the estate. The confusion among the beneficiaries and the lack of progress in the administration of the estate made it impossible to proceed under the existing grant. Accordingly, the court exercised its power under section 76 of the Succession Act to revoke and annul the grant, directing that a fresh application for grant of administration be made by any of the beneficiaries.
Court Disposition
grant revoked and annulled
Orders
- The grant of letters of administration is revoked and annulled.
- A fresh application for grant of administration may be made by any of the beneficiaries.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT EMBU
Misc Civ Appli 30 of 2006
IN THE MATTER OF ESTATE OF JAVAN MWARARI MITHAMO….........DSD
AND
PETERSON MURIITHI MITHAMO……………………………………APPLICANT
VERSUS
ELIUD NDUGUTU MUGO………………………………………….RESPONDENT
RULING
Application dated 24/3/2006 is brought under section 76 succession Act Cap. 160. The parties have indicated their desire that the application be decided or affidavit evidence alone.
The grounds set out is that the grant has become useless and inoperative through subsequent circumstances namely that the administrator Javan Mwarari Mithamo died on 3/12/2003 and nothing has been executed since the death. The grant was confined. But the administrator Milka Wangithi Mwarari lodged an appeal but she died thereafter on 3/1/2003. The record shows that in P & A Cause No. 256/2006one Eliud Nduguto son of deceased was granted a limited grant in the estate of Milka Wangithi Mwarari to prosecute her Succession Case No. 138/99 but this grant does not seem to have been effected yet. Eliud blames his brother Peterson Muriithi for misdirecting their mother.
Further the record shows that in Succession Suit No. 231 of 2004 Peterson and his wife had made an application for a grant of administration of estate of the said mother.
I find that there is confusion in this family. It is not possible to distribute the estate of the deceased since the administrator is now deceased. I am satisfied that the grant has become useless and inoperative and the same is hereby revoked and annulled. Fresh application for the grant shall be made by any of the beneficiaries. It is so ordered.
No order as to costs.
Dated this 24th July, 2007.
J.N. KHAMINWA
JUDGE
24/7/2007
Khaminwa –Judge
Njue- Clerk
Ms Njeru for Respondent
Mr. Munene HB Chomba
Ruling read in open court.
J. N. KHAMINWA
JUDGE