Case Metadata |
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| Case Number: | Misc Appli 30 of 2006 |
|---|---|
| Parties: | PETERSON MURIITHI MITHAMO v ELIUD NDUGUTU MUGO |
| Date Delivered: | 24 Jul 2007 |
| Case Class: | Civil |
| Court: | High Court at Embu |
| Case Action: | Ruling |
| Judge(s): | J.N. KHAMINWA |
| Citation: | PETERSON MURIITHI MITHAMO v ELIUD NDUGUTU MUGO [2007] eKLR |
| Advocates: | Ms Njeru Advocate for the Respondent |
| Advocates: | Ms Njeru Advocate for the Respondent |
| Case Summary: | [Ruling] Succession-Probate and Administration - application for revocation of the grant of letters of administration issued to the Petitioner -application brought on the ground that the grant had become useless and inoperative through subsequent circumstances namely that the administrator had passed on and nothing had been executed since the death-whether the application could be allowed- section 76 of the law of succession Act |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
Misc Appli 30 of 2006
IN THE MATTER OF ESTATE OF JAVAN MWARARI MITHAMO................DSD
AND
PETERSON MURIITHI MITHAMO………………....……..……………APPLICANT
VERSUS
ELIUD NDUGUTU MUGO……………………….………………….RESPONDENT
RULING
Application dated 24/3/2006 is brought under section 76 succession Act Cap. 160. The parties have indicated their desire that the application be decided or affidavit evidence alone.
The grounds set out is that the grant has become useless and inoperative through subsequent circumstances namely that the administrator Javan Mwarari Mithamo died on 3/12/2003 and nothing has been executed since the death. The grant was confined. But the administrator Milka Wangithi Mwarari lodged an appeal but she died thereafter on 3/1/2003. The record shows that in P & A Cause No. 256/2006 one Eliud Nduguto son of deceased was granted a limited grant in the estate of Milka Wangithi Mwarari to prosecute her Succession Case No. 138/99 but this grant does not seem to have been effected yet. Eliud blames his brother Peterson Muriithi for misdirecting their mother.
Further the record shows that in Succession Suit No. 231 of 2004 Peterson and his wife had made an application for a grant of administration of estate of the said mother.
I find that there is confusion in this family. It is not possible to distribute the estate of the deceased since the administrator is now deceased. I am satisfied that the grant has become useless and inoperative and the same is hereby revoked and annulled. Fresh application for the grant shall be made by any of the beneficiaries. It is so ordered.
No order as to costs.
Dated this 24th July, 2007.
J.N. KHAMINWA
JUDGE
24/7/2007
Khaminwa –Judge
Njue- Clerk
Ms Njeru for Respondent
Mr. Munene HB Chomba
Ruling read in open court.
J. N. KHAMINWA
JUDGE
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