Mwovi v Mwovi & another [2004] KEHC 797 (KLR)

Facts

The plaintiff, Mathew Mwendwa Mwovi, filed an Originating Summons seeking to ascertain the heirs and dependants of Jackson Mwovi Mbusya, deceased, and to make a declaration that he is entitled to inherit from the deceased's estate. The defendants, Beatrice Mutave Mwovi and Maingi Mwovi, who are administrators of the deceased's estate, opposed the Originating Summons.

Issues

1. Whether the Originating Summons is time barred due to the distribution of the deceased's estate.
2. Whether the suit is overtaken by events since the issue of who was or was not the heir of the deceased should have been dealt with during the time of granting letters of administration.
3. Whether the suit challenges the obtaining of the letters of administration and the Originating Summons is therefore a non-starter.

Reasoning

The court agrees with the defendants that the issues of heirs and distribution have been determined in the Succession Cause. The application does not challenge the issuance of the grant of letters of administration and the subsequent confirmation, and thus the issuance was proper.

Outcome

Dismissal of the Originating Summons