[2014] KEHC 3521 (KLR)
The court found that Phillip Kioko Nzau, a co-administrator of the estate, had died as evidenced by the death certificate. The applicant, being a second wife of the deceased, sought substitution to ensure representation of the relevant house. All beneficiaries were notified and no objections were raised. The court...
Source-derived case information.
- Citation
- [2014] KEHC 3521 (KLR)
- Parties
- Applicant: Veronicah Mwende Nzau; Respondent: Philip Kioko Nzau; Interested Party: Jeremiah Kyalo Malulu & 2 Others
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 57 of 2010
- Procedural Posture
- Succession Cause / Ruling on Substitution Application
- Outcome
- Application allowed.
- Judges
- LN Mutende
- Legal Topics
- Succession, Letters of Administration, Substitution of Administrator, Representation of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronicah Mwende Nzau
Applicant
Philip Kioko Nzau
Respondent
Jeremiah Kyalo Malulu & 2 Others
Interested Party
Procedural Posture
Succession Cause / Ruling on Substitution Application
Legal Issues
- 1 Whether the court should substitute the name of Phillip Kioko Nzau with that of Rechael Kaveni Nzau as co-administrator of the estate.
- 2 Whether proper notice was given to all beneficiaries regarding the substitution.
- 3 Whether there was any objection to the substitution.
Ratio Decidendi
The court found that Phillip Kioko Nzau, a co-administrator of the estate, had died as evidenced by the death certificate. The applicant, being a second wife of the deceased, sought substitution to ensure representation of the relevant house. All beneficiaries were notified and no objections were raised. The court held that, in the interest of justice and proper administration of the estate, the substitution was warranted and allowed the application as prayed.
Court Disposition
Application allowed.
Orders
- The name of Phillip Kioko Nzau is substituted with that of Rechael Kaveni Nzau as co-administrator of the estate of James Syano (deceased).
Full Case Text
Judgment text and source record
19 paragraphs
NO. 361/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 57 OF 2010
IN THE MATTER OF THE ESTATE OF JAMES SYANO (DECEASED)
VERONICAH MWENDE NZAU ........................................ APPLICANT
VERSUS
PHILIP KIOKO NZAU ………….....................................RESPONDENT
AND
JEREMIAH KYALO MALULU & 2 OTHERS .....INTERESTED PARTIES
R U L I N G
The application dated 23rd August 2013 by way of summons is seeking an order substituting the name of Phillip Kioko Nzauwith that ofRechael Kaveni Nzau.
The application is premised on grounds that letters of administration were granted to Veronicah Mwende Nzau and Phillip Kioko Nzauin respect of the estate of James Nzau Syano on the 25th May 2012. Now that Phillip Kioko Nzau is deceased there is need for substitution.
In a supporting affidavit Rechael Kaveni Nzau, states that the deceased had three (3) wives therefore it is in the interest of justice to have the substitution effected for purposes of representation of the house from which the Phillip Kioko emanated.
Having carefully considered the application, I do note that per the death certificate No. 326831, Phillip Kioko Nzaudied on the 23rd October 2012. The applicant herein is a second wife to the deceased. All other beneficiaries having been notified of her intention to become the co-administrator of the Estate following the demise of the person who had been appointed by the court and there being no objection; I do allow the application as prayed.
It is so ordered.
DATED, SIGNED and DELIVERED at MACHAKOS this 28 TH day of JULY, 2014.
L.N. MUTENDE
JUDGE