Samwel Wycliffe Adee Ongiri v Kennedy Ouma Njoga & another [2016] KEHC 1062 (KLR)
- Court
- High Court of Kenya
- Case number
- 1062
- Citation
- [2016] KEHC 1062 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for appointment of administratorsCoramH.A. OMONDI
Holding
Application is incompetent and dismissed
Facts
The applicant purchased land from the deceased, but the agreement was not completed. The respondents, who were present as witnesses, are now refusing to be administrators.
Issues
- Legal position for realizing rights when reluctant administrators are involved
- Procedure for appointing administrators
Reasoning
The application is governed by the Law of Succession Act and the Probate and Administration Rules, not the Civil Procedure Act. The applicant should file a citation requiring the deceased's family to indicate their willingness.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Law of Succession Act
- Probate and Administration Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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