1.Letters of Administration Intestate to the estate of M’Mutungi M’Magana Alias M’Mutungi M’magana Alias M’Mutungi Magana (Deceased) were issued jointly to Julius Mbaabu Mutungi and Franceska Karimi (Applicant) on 10th August, 2021.
2.Subsequently, a Certificate of Confirmation of Grant was issued on 27th July, 2021 distributing the deceased’s four assets but the estate remains undistributed following the death of Julius Mbaabu Mutungi on 28th April, 2022.
3.By summons dated and filed on 20th July, 2023 supported by an affidavit sworn by Applicant, the court is urged to issue fresh grants to Franceska Karimi to enable her complete the distribution of the estate. Application, though served, was not opposed.
5.What is clear from the above provision is that, in the instant case, upon the death of Julius Mbaabu Mutungi,his duties and powers automatically and by operation of law vested in the surviving co- administrator Franceska Karimi (Applicant).
6.From the wording of the section, there is nothing like substitution unless there is a continuing trust and there is only one surviving executor or administrator in which case the court shall appoint additional executor or administrator.
7.It is therefore hereby ordered as follows:1.Now that Julius Mbaabu Mutungi is deceased, Franceska Karimi shall be the sole administrator of the deceased’s estate2.Letters of administration shall issue and the Certificate of Confirmation of Grant dated 27th July, 2021 shall be rectified accordingly3.Franceska Karimi shall distribute the estate in accordance with the Certificate of Confirmation of Grant dated 27th July, 20214.This cause shall be mentioned on 08th February, 2024 to confirm compliance with these orders and for further orders and/or directions