Julietta Mawia Muthangya v Rose Nyegera Nyambu & 2 others [2014] KEHC 1490 (KLR)
- Court
- High Court of Kenya
- Case number
- 1490
- Citation
- [2014] KEHC 1490 (KLR)
- Decided
- 29 October 2014
The Court grants a joint grant between the Petitioner and the third Objector, allowing both families to be equally represented in the administration of the estate.
Facts
The deceased, Dominic Muthangya Nyambu, died on August 4, 2006. His widow, Julietta Mawia Muthangya, filed a petition for letters of administration intestate. The other widows, Rose Nyegera Nyambu, Ann Mwikali Muthangya, and Nicholas Mutuma Nyambu, filed a notice of objection, alleging that the wife and children from another home were left out and some assets were not included. They also filed a cross application for letters of administration intestate.
Issues
- Who is the administrator of the estate of the deceased?
- Who are the beneficiaries/defendants to the estate?
Reasoning
The Court found that the deceased had two families, as evidenced by the Chief's letter, the family meeting minutes, and the affidavit of the deceased's mother. The Court declared the Petitioner and the third Objector joint administrators of the estate.
Outcome
The Petitioner and the third Objector are joint administrators of the estate of the deceased.
Orders
- Grant of joint administration between Petitioner and third Objector
- Application for confirmation of grant to determine beneficiaries/dependants and assets and mode of distribution
- No orders as to costs
Remedies
- Joint administration of the estate
Authorities cited
Legislation (1)
- Law of Succession Act Cap 160
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