In re Estate of the Late Mary Wabiri Mathenge (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nyeri
Category
Civil
Judge(s)
Hon. A. Mshila
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the key findings and legal implications of the In re Estate of Mary Wabiri Mathenge (Deceased) [2020] eKLR case. Gain insights into estate management and inheritance law.

Case Brief: In re Estate of the Late Mary Wabiri Mathenge (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of the Late Mary Wabiri Mathenge (Deceased)
- Case Number: Succession Cause No. 578 of 2011
- Court: High Court of Kenya at Nyeri
- Date Delivered: 1st October 2020
- Category of Law: Civil
- Judge(s): Hon. A. Mshila
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court include whether the grant of letters of administration issued to Serah Nyakiere Mathenge was obtained fraudulently and whether the administration of the estate was conducted diligently.

3. Facts of the Case:
The case revolves around the estate of the late Mary Wabiri Mathenge, who passed away on April 24, 1998, at Karatina Hospital in Nyeri County. The deceased died intestate, leaving behind two identifiable parcels of land: Parcel No. Iriaini/Kiaguthu/291 (approximately 1.62 hectares) and Parcel No. Iriaini/Gatundu/299 (approximately 11.9 acres). The surviving heirs include Serah Nyakiere Mathenge, a co-wife, and Evans Mwariri Mathenge, the son. The succession proceedings were initiated by Serah on May 10, 2005, through a citation at the Karatina Senior Magistrates Court.

4. Procedural History:
The succession cause was filed under Succession Cause No. 24 of 2005, and a grant of letters of administration was issued to Serah on June 24, 2010, which was later confirmed on February 23, 2011. The applicant, Nancy Wambui Mathenge, subsequently filed for the revocation of the grant under Section 76 of the Law of Succession Act, alleging fraudulent acquisition and lack of diligence in estate administration. Directions for a hearing were issued on November 7, 2019, leading to a viva voce evidence hearing. The 2nd respondent, Evans Mwariri Mathenge, did not present evidence, stating that there were no issues regarding his inheritance.

5. Analysis:
- Rules: The relevant statutes considered include the Law of Succession Act, particularly Section 76, which provides grounds for revocation of a grant, and the Probate and Administration Rules governing the administration of estates.
- Case Law: The court likely referenced previous cases concerning the revocation of grants based on fraudulent acquisition and the duty of administrators to act diligently. However, specific cases cited in the ruling are not detailed in the provided context.
- Application: The court noted procedural irregularities, particularly regarding the service of the hearing notice to both respondents. It deemed it appropriate to defer the ruling to allow the 1st respondent, Serah, an opportunity to present her case, thus ensuring fairness in the proceedings.

6. Conclusion:
The court's ruling deferred the pending decision on the revocation application, allowing the 1st respondent a chance to state her case. This decision underscores the importance of procedural fairness in succession matters and the court's commitment to ensuring that all parties have the opportunity to be heard.

7. Dissent:
There are no dissenting opinions noted in the provided context.

8. Summary:
The High Court of Kenya at Nyeri ruled to defer the ruling on the revocation of the grant of letters of administration concerning the estate of Mary Wabiri Mathenge. The decision highlights the need for thorough consideration of all parties' rights and the procedural integrity of succession proceedings, ensuring that justice is served in estate administration.

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