In re Estate of Faithlona Wangari Macharia (Deceased) [2022] KEHC 10774 (KLR)

In re Estate of Faithlona Wangari Macharia (Deceased) (Succession Cause 591 of 2008) [2022] KEHC 10774 (KLR) (Family) (2 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10774 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 591 of 2008

AO Muchelule, J

June 2, 2022

Between

Joseph Peter Maina

Petitioner

and

Joseph Pius Muthusi

Applicant

Ruling

1. The deceased Faithlona Wangari Macharia died intestate on 30th June 1986 in Nairobi, and left one property New Pumwani Estate Block B7-1 comprising four flats. Her husband John Baptist Njuki had predeceased her. Her two children Margaret Njoki Charles and Catherine Wamuhu Muthusi subsequently died. She was survived by grandchildren who included the petitioner Joseph Peter Maina. The grandchildren were either the children of Margaret Njoki Charles (the petitioner included) or the children of Catherine Wamuhu Muthusi (who include the applicant/objector Joseph Pius Muthusi).

2. The petitioner successfully petitioned for, and was issued with, the grant of letters of administration intestate in respect of the estate of the deceased. The grant was issued to him on 27th March 2009. He died on 28th August 1994 before the grant had been confirmed.

3. What is before the court is an application dated 19th November 2019 by the applicant seeking under section 76(e) of the Law of Succession Act (Cap. 160) and rule 44 of the Probate and Administration Rulesto have the grant revoked because it has become useless and inoperative owing to the death of the petitioner. He further asked that he be appointed the administrator of the estate in place of the petitioner. The rest of the family has supported the application.

4. Under section 76(e) of the Act, a grant issued to an administrator of the estate of a deceased may be revoked if the same has become useless and inoperative. The courts have held that where the estate had one administrator who has since died, the grant issued to him becomes useless and inoperative on account of the death. The death has left no grantee to administer the estate or to complete its administration. The decided cases of Re Estate of Mwangi Mugure alias Elieza Ngware(Deceased) [2003]eKLR and Re Estate of George Ragui Karanja(Deceased) [2016]eKLR are a guide on this point.

5. Consequently, I revoke the grant that was issued to the petitioner Joseph Peter Maina on 27th March 2009. Further I hereby appoint the applicant Joseph Pius Muthusi as the administrator of the estate of the deceased, with direction that within 30 days he files and serves to each beneficiary summons for confirmation of the grant. The beneficiaries so served shall have 21 days to respond. The summons shall be heard on 27th September 2022.

6. Costs shall be in the cause

DATED and DELIVERED at NAIROBI this 2ND day of JUNE, 2022. A.O. MUCHELULEJUDGE