In re Estate of Ligare Mukwana [2022] KEHC 1404 (KLR)
- Court
- High Court of Kenya
- Case number
- 1404
- Citation
- [2022] KEHC 1404 (KLR)
The Summons for Confirmation of Grant is dismissed. The Letters of Administration issued on 2nd October 2017 are revoked. The Public Trustee is appointed as the Administrator of the Estate of Ligare Mukwana.
Facts
The deceased passed away in 1969, leaving several sons and a grandson. The original administrator, Aphone Ajesa Ligare, passed away in 2017, and his grandson Ernest Mwisiayi Edward became the administrator. The administrator's petition and supporting affidavit contained factual errors.
Issues
- Whether the administrator is in need of assistance
- Whether the court should proceed on incomplete evidence
Reasoning
The court found the petition and supporting affidavit to be factually incorrect and that the administrator was unable to provide cogent and persuasive evidence. The court concluded the administrator needed assistance and the parties did not have legal representation.
Outcome
The Summons for Confirmation of Grant is dismissed.
Orders
- Letters of Administration issued on 2nd October 2017 are revoked
- Public Trustee appointed as Administrator of the Estate of Ligare Mukwana
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