[2009] KEHC 704 (KLR)
The court found that the applicant, as the eldest son of the deceased, had properly applied for substitution as administrator de bonis non following the death of the previous administratrix (the widow). The application was supported by the consent of the other siblings and was made in accordance with the prescribed...
Source-derived case information.
- Citation
- [2009] KEHC 704 (KLR)
- Parties
- Applicant: Abdi Ruto; Petitioner: Sally Chepkorir Koskei; Deceased: John Kipruto Koskei
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 59B of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator De Bonis Non
- Outcome
- Application granted. Applicant substituted as administrator de bonis non.
- Legal Topics
- Succession, De Bonis Non Administration, Grant of Letters Intestate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Ruto
Applicant
Sally Chepkorir Koskei
Petitioner
John Kipruto Koskei
Deceased
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator De Bonis Non
Legal Issues
- 1 Whether the applicant should be substituted as administrator de bonis non following the death of the previous administratrix.
- 2 Whether the consent of other beneficiaries supports the substitution.
Ratio Decidendi
The court found that the applicant, as the eldest son of the deceased, had properly applied for substitution as administrator de bonis non following the death of the previous administratrix (the widow). The application was supported by the consent of the other siblings and was made in accordance with the prescribed forms and procedures. There was no opposition to the application. The court held that it was appropriate to grant the application and substitute the applicant as administrator de bonis non to ensure the estate is properly administered.
Court Disposition
Application granted. Applicant substituted as administrator de bonis non.
Orders
- The applicant, Abdi Ruto, is hereby substituted as administrator de bonis non of the estate of John Kipruto Koskei.
- Costs to be in the cause for the applicant.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 59B of 2001
1 Family Law
Subject – Law of Succession
i) De Bonis Non
ii) The deceased male adult aged 60 years died on2. 9.00.
iii) Estate administered by widow as of 25. 2.02 (Visram J)
iv) Widow dies leaving estate assets; unadministered. Date of death of widow 26. 8.03.
3. Application 15. 10. 08 – De Bonis Non
4. Held
i) Application granted
ii) New administration be substituted with one who had already died.
5. Case Law - Nil
6. Advocates
S.K.Oboso advocate for M/S S.K. Oboso & Co. advocates for the applicant – present
In the matter of the estate of the late
JOHN KIPRUTO KOSKEI ………………………………… DECEASED
AND
SALLY CHEPKORIR KOSKEI ……………………………… PETITONER
AND
ABDI RUTO ………………………………………………… APPLICANT
RULING
I: Procedure
1. The application before me is one of De Bonis Non dated the 15th October, 2008.
2. Where an adminstratix dies leaving the estate unadministered, another may be substituted to take over the task as administrator.
II: Background
3. On the 2nd September, 2000, the deceased, a male adult passed away. His widow took out a grant of letters intestate on the 25th February, 2002 (Visram J).
4. Unfortunately, the said widow passed away on 26th August, 2003 thereby leaving the estate unadministered.
III: Application 15. 10. 08
5. By an application dated 15th October, 2008, the applicant seeks this court’s orders to be substituted in place of the deceased widow who has also now passed away.
6. I note that the applicant is the eldest son of the deceased. In an application of De Bonis Non form P&A 86 & P&A 19 as Petition and affidavit is filed.
7. The other siblings have given their consent that the applicant do be granted the orders sought.
IV: Findings
8. The application be and is hereby granted. The said applicant be substituted as a De Bonis Non.
9. I award the costs to be in the cause for the applicant.
DATEDthis 31st day of March, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
S.K.Oboso advocate for M/S S.K. Oboso & Co. advocates for the applicant – present