IN THE MATTER OF THE ESTATE OF URBANUS MANESA MULI (DECEASED V MARGARET MWONGELI MANESA (also known as MWONGELI PETER MUTUA [2013] KEHC 3078 (KLR)

Summary at a glance

Facts

The deceased, Urbanus Manesa Muli, had four minor children. The respondent, Margaret Mwongeli Muli, was granted letters of administration over his estate on August 19, 2009. The petitioner, Teresia Kamene Muli, the mother of the deceased, sought to have the grant revoked due to the omission of her as a beneficiary and the inclusion of a plot of land acquired after the deceased's death.

Issues

• Whether the application for revocation of grant of letters of administration is competent and properly before the court.
• Whether the grant of letters of administration should be revoked due to the omission of the petitioner as a beneficiary and the inclusion of a plot of land acquired after the deceased's death.

Reasoning

The application was not brought in accordance with the Probate and Administration Rules, and the applicant did not comply with Rule 44. The application was supported by a 'supporting affidavit' instead of an 'Affidavit for revocation or annulment of Grant' as required by form 14 of the Probate and Administration Rules. The court found the application incompetent and struck it out.

Outcome

The application for revocation of the grant of letters of administration is struck out.

Orders

• The application is struck out.
• No orders as to costs.

Authorities cited