[2015] KEHC 2605 (KLR)

[2015] KEHC 2605 (KLR)

The court found that following the annulment of the previous grant due to fraud and misrepresentation, the estate was left without an administrator, creating a risk to the preservation and proper administration of the estate. The applicant, being a son of the deceased and having obtained the consent of the other survivors and beneficiaries, was deemed suitable to be appointed as administrator. The respondent's objection, based on his alleged interest in a specific property, was not sufficient to bar the appointment, as such matters are to be addressed at the distribution stage. The court emphasized the necessity of having an administrator in place to collect, preserve, and administer the...

Citation
[2015] KEHC 2605 (KLR)
Parties
Applicant: Edward Mandeti Simiyu; Respondent: Polycap Mandeti
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Judgment Date
22 September 2015
Case Number
Probate & Administration 233A of 2010
Procedural Posture
Probate and Administration / Ruling on Application for Grant of Letters of Administration After Revocation of Previous Grant
Outcome
Application allowed. Applicant appointed as administrator of the estate.
Legal Topics
Succession, Letters of Administration, Revocation of Grant, Fraud in Succession, Appointment of Administrator
Source Language
English
Family and Children Succession Letters of Administration Revocation of Grant Fraud in Succession Appointment of Administrator

Case Brief

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Parties

Edward Mandeti Simiyu

Applicant

Polycap Mandeti

Respondent

Procedural Posture

Probate and Administration / Ruling on Application for Grant of Letters of Administration After Revocation of Previous Grant

Legal Issues

  1. 1 Whether the applicant is entitled to be appointed as administrator of the estate after revocation of the previous grant due to fraud and misrepresentation.
  2. 2 Whether the respondent's objection based on his interest in a specific property precludes the applicant's appointment as administrator.

Ratio Decidendi

The court found that following the annulment of the previous grant due to fraud and misrepresentation, the estate was left without an administrator, creating a risk to the preservation and proper administration of the estate. The applicant, being a son of the deceased and having obtained the consent of the other survivors and beneficiaries, was deemed suitable to be appointed as administrator. The respondent's objection, based on his alleged interest in a specific property, was not sufficient to bar the appointment, as such matters are to be addressed at the distribution stage. The court emphasized the necessity of having an administrator in place to collect, preserve, and administer the...

Court Disposition

Application allowed. Applicant appointed as administrator of the estate.

Orders

  • Edward Mandeti Simiyu is appointed as the administrator of the estate of the late Maurice Simiyu Mandeti alias Maurice Leo Simiyu.
  • Costs in the cause.