Penina Njoki Njoroge v Isaac Mwaura Waweru [2014] KEHC 8454 (KLR)
- Court
- High Court of Kenya
- Case number
- 8454
- Citation
- [2014] KEHC 8454 (KLR)
- Decided
- 6 November 2014
The grant of letters of administration is revoked, and all subsequent transactions are cancelled.
Facts
The deceased, NJOROGE KIRUGU, died intestate in 1963. His brother and daughter filed a succession case seeking letters of administration. The eldest son, IBRAHIM WAWERU NJOROGE, was granted letters of administration on July 26, 1988. The applicant, PENINA NJOKI NJOROGE, filed an appeal and was substituted as administrator after IBRAHIM WAWERU NJOROGE's death in 2009. The estate was transferred to IBRAHIM WAWERU NJOROGE without informing the other beneficiaries.
Issues
- Confirmation of grant of letters of administration was contrary to law
- Other beneficiaries were not informed of confirmation and their consent was not sought
Reasoning
The grant was confirmed without satisfying the court about the identities and shares of all beneficiaries, and their consent was not sought. The applicant and other beneficiaries were not informed of the confirmation.
Outcome
Grant of letters of administration revoked
Orders
- Registration of any of the estate parcels in the name of IBRAHIM WAWERU NJOROGE cancelled
- Parcels ordered to revert to the name of the deceased NJOROGE KIRUGU
Remedies
- Costs to be paid by the respondent
Authorities cited
Legislation (1)
- Law of Succession Act (Cap 160)
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