[2004] KEHC 2599 (KLR)

[2004] KEHC 2599 (KLR)

The court declined to grant letters of administration because the applicants failed to obtain and file the written consent of Anna Peter, a daughter of the deceased and a beneficiary of the estate. Additionally, the guarantee by personal sureties was not compliant with statutory requirements as it lacked a revenue...

Source-derived case information.

Citation
[2004] KEHC 2599 (KLR)
Parties
Applicant: Richard Yego Cheboi; Applicant: Soti Cheboi; Respondent: Anna Peter
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
? 66 of 1997
Procedural Posture
Probate and Administration / Ruling on Application for Grant of Letters of Administration
Outcome
Application stood over generally for non-compliance; no grant issued.
Judges
GMA Dulu
Legal Topics
Succession, Letters of Administration, Consent of Beneficiaries
Source Language
en
Family and Children Succession Letters of Administration Consent of Beneficiaries

Source-derived case record

Summary, issues, holding and outcome

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Parties

Richard Yego Cheboi

Applicant

Soti Cheboi

Applicant

Anna Peter

Respondent

Procedural Posture

Probate and Administration / Ruling on Application for Grant of Letters of Administration

Legal Issues

  1. 1 Whether the applicants have complied with all statutory requirements for the grant of letters of administration.
  2. 2 Whether the written consent of all beneficiaries, specifically Anna Peter, is necessary for the grant.
  3. 3 Whether the absence of a revenue stamp on the guarantee by personal sureties invalidates the application.

Ratio Decidendi

The court declined to grant letters of administration because the applicants failed to obtain and file the written consent of Anna Peter, a daughter of the deceased and a beneficiary of the estate. Additionally, the guarantee by personal sureties was not compliant with statutory requirements as it lacked a revenue stamp. The court held that compliance with all procedural and statutory requirements is mandatory before a grant can be issued. The matter was stood over generally to allow the applicants to rectify these defects and comply with the law.

Court Disposition

Application stood over generally for non-compliance; no grant issued.

Orders

  • Matter stood over generally for compliance with statutory requirements.
  • Applicants to file written consent from Anna Peter.