In re Estate of Nelson Veronica Njoki (Deceased) (Succession Cause E2039 of 2021) [2024] KEHC 4427 (KLR) (Family) (11 April 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4427
- Citation
- [2024] KEHC 4427 (KLR)
- Decided
- 11 April 2024
The application is allowed, and Edith Nyambura Mawira is granted leave to amend the petition, and the petition for letters of administration intestate is amended to appoint Edith Nyambura Njoki and Nahason Mawira as joint administrators.
Facts
The deceased, Nelson Veronica Njoki, was survived by his wife Nahason Mawira and his daughter Edith Nyambura Mawira. Edith Nyambura Mawira applied to be substituted as administrator and to amend the petition to reflect her name change and the substitution of Nahason Mawira with Jane Grace Nyaguthii.
Issues
- Whether Nahason Mawira should be disqualified as administrator
- Whether Nahason Mawira should be substituted with Jane Grace Nyaguthii
- Whether Edith Nyambura Mawira should be granted leave to amend the petition
- Who should be awarded costs
Reasoning
The court found prima facie evidence of a customary marriage between the deceased and Nahason Mawira, and it is logical for Edith Nyambura Mawira to be involved in the estate's administration.
Outcome
Application allowed
Orders
- Edith Nyambura Mawira granted leave to amend the petition
- Petition for letters of administration intestate amended to appoint Edith Nyambura Njoki and Nahason Mawira as joint administrators
Remedies
- Costs to be borne by the parties
Authorities cited
Cases cited (2)
- In re Estate of DMM (Deceased) [2018] eKLR
- Hortensiah Wanjiku Yawe vs. The Public Trustee, Civil Appeal No. 13 of 1976
Loading judgment…