In re Estate of Mugwongo s/o Mugwika alias Muguomgo Mugwika (Deceased) (Succession Cause 12 of 2019) [2024] KEMC 91 (KLR) (17 May 2024) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 91
- Citation
- [2024] KEMC 91 (KLR)
- Decided
- 17 May 2024
The prayer for revocation and/or annulment of the grant is dismissed for lack of proof.
Facts
The applicant, Evangeline Ncekei M'murithi, applied for revocation or annulment of the grant of letters of administration intestate and the certificate of confirmation of grant issued to Ruth Kajuju M'inoti, the current administrator. The grounds were that the administrator had failed to complete the administration and distribute the estate.
Issues
- Whether the administrator has failed to complete the administration as required by the certificate of confirmation of grant.
- Whether the applicant has provided sufficient proof of the administrator's failure to complete the administration.
Reasoning
The court found that the applicant failed to prove that the administrator had failed to complete the administration as required by the certificate of confirmation of grant. The court also noted that the estate did not have funds to cover incidental costs.
Outcome
The application for revocation and annulment of the grant was dismissed.
Orders
- The prayer for rectification of the certificate of confirmation of grant to substitute Florence Karegi M'ringa with Joseph Kaimenyi M'ringa is allowed.
- The prayer for replacement of the current administrator with the applicant is dismissed.
Remedies
- The estate remains with the current administrator, Ruth Kajuju M'inoti.
- The certificate of confirmation of grant is rectified to substitute Florence Karegi M'ringa with Joseph Kaimenyi M'ringa.
Authorities cited
Legislation (2)
- Law of Succession Act
- Evidence Act
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