In re Estate of Richard Karanja Javan (Deceased) (Succession Cause 619 of 1991) [2014] KEHC 7568 (KLR) (Family) (31 January 2014) (Judgment)

Summary at a glance

Facts

The deceased, Richard Karanja Javan, died on 10th April 1990. His widow Jane Njeri and his son David Kamau represented his estate. The grant of letters of administration was issued on 2nd September 1991 and confirmed on 18th June 2007. Rachel Wanjiru applied to set aside the confirmed grant on 6th June 2013.

Issues

• Whether the grant of letters of administration was validly confirmed to a deceased person
• Whether the property in dispute was properly registered in the deceased's name

Reasoning

The grant was confirmed to a deceased person, Daniel Kamau, who died on 19th June 2002. There is no evidence of Daniel Kamau being substituted as administrator. The property was registered in the deceased's name, and there is no evidence of fraud.

Outcome

The grant of letters of administration is confirmed, and the certificate of confirmation is cancelled.

Orders

• Jane Njeri is confirmed as the sole administrator of the estate
• The grant of letters of administration to Jane Njeri is issued
• The matter is transferred to the High Court of Kenya at Murang’a for further handling

Remedies

• Cancellation of the certificate of conrmation of grant
• Cancellation of all consequential transactions done on the basis of the said certificate

Authorities cited