[2016] KEHC 7309 (KLR)
The court found that the grant of letters of administration intestate, though not formally issued, was validly approved by a court order. Upon the death of the sole administrator (Julia), the grant became useless and inoperative under section 76(e) of the Law of Succession Act. The court revoked the previous grant...
Source-derived case information.
- Citation
- [2016] KEHC 7309 (KLR)
- Parties
- Applicant: Salome Nyambura Karugu; Applicant: Margaret Njeri Butt; Respondent: Michael Kariuki Kibui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1871 of 1994
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator and Issuance of Fresh Grant
- Outcome
- Application for substitution of administrator allowed; previous grant revoked; fresh grant issued jointly to applicants and respondent.
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Succession, Grant of Letters of Administration, Revocation of Grant, Substitution of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Nyambura Karugu
Applicant
Margaret Njeri Butt
Applicant
Michael Kariuki Kibui
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator and Issuance of Fresh Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate issued to the deceased widow became inoperative upon her death.
- 2 Whether the applicants should be substituted as administrators of the estate in place of the deceased widow.
- 3 Whether the respondent's consent was required for the application for substitution of administrators.
Ratio Decidendi
The court found that the grant of letters of administration intestate, though not formally issued, was validly approved by a court order. Upon the death of the sole administrator (Julia), the grant became useless and inoperative under section 76(e) of the Law of Succession Act. The court revoked the previous grant and, exercising its discretion under rule 73 of the Probate and Administration Rules, issued a fresh grant in the joint names of the applicants and the respondent. The court also found that the respondent, as a beneficiary, should have been consulted or cited in the application for substitution, validating his complaint on that ground. No order as to costs was made.
Court Disposition
Application for substitution of administrator allowed; previous grant revoked; fresh grant issued jointly to applicants and respondent.
Orders
- The previous grant of letters of administration intestate is revoked.
- A fresh grant of letters of administration intestate is issued in the joint names of Salome Nyambura Karugu, Margaret Njeri Butt and Michael Kariuki Kibui.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 1871 OF 1994
IN THE MATTER OF THE ESTATE OF LAWRENCE KIBUI KARIUKI (DECEASED)
SALOME NYAMBURA KARUGU......................1ST APPLICANT
MARGARET NJERI BUTT...............................2ND APPLICANT
VERSUS
MICHAEL KARIUKI KIBUI....................................RESPONDENT
RULING
The deceased Lawrence Kibui Kariuki died intestate on 30th October 1992. He left a widow Julia Agnes Gathoni Kibui alias Julia Kibue Kibui and 11 children who are all adults. The respondent Michael Kariuki Kibui is the eldest child. The applicants Salome Nyambura Karugu and Margaret Njeri Butt are two of the remaining children. There is no dispute that all are the beneficiaries of the deceased. Their mother (Julia) petitioned for the grant of letters of administration intestate. The petition was allowed on 5th November 1996 when Justice Kuloba (as he then was) made an endorsement in the file. The actual grant was not typed, signed or issued. The petition was filed with the consent of the entire family.
Julia died on 2nd June 2002. This is why the applicants seek to be substituted as the administrators of the estate in her place. It does appear that nothing has happened towards the administration of the estate since 5th November 1996.
The respondent opposed the application on two grounds. First, that since the actual grant document was not issued there was no administrator. That cannot be true as there is an order on record approving the petitioner (Julia) as the administrator of the estate. The second ground is that his consent was not sought when the application was made. The averment was not challenged. I find that the complaint is valid. As a beneficiary he ought to have been consulted, or cited.
I find that owing to the death of the petitioner the grant has become useless and inoperative (section 76(e) of the Law of Succession Act Cap. 160 of the Laws of Kenya) and revoke it. Under rule 73 of the Probate and Administration Rules, I issue a fresh grant of letters of administration intestate in the joint names of Salome Nyambura Karugu, Margaret Njeri Butt and Michael Kariuki Kibui. Further, I direct that, owing to the age of this matter, the parties, or any of them with service to the rest, shall within 30 days apply for the confirmation of the grant. I make no order as to costs.
DATED at NAIROBI this 28TH JANUARY 2016
A.O. MUCHELULE
JUDGE
DELIVERED at NAIROBI this 29TH JANUARY 2016
W. MUSYOKA
JUDGE