In the matter of an Application for fresh grant of Letters of Administration in the names of Okee Joseph & Obwonyo Okeny (Miscellaneous Application 29(2)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court revoked the original grant of letters of administration issued on 16 March 2011 to Okee Joseph and Omona Constantino, as the grant had become inoperative under Section 234(1)(2)(d) of the Succession Act following Omona Constantino's death on 21 August 2011. The court appointed Okee Joseph and Obwonyo Okeny as administrators of the estate for two years pursuant to Section 234(5) of the Succession Act.

Outcome

Fresh grant of letters of administration issued to Okee Joseph and Obwonyo Okeny following revocation of original grant

Facts

On 16 March 2011, Justice Masalu Musene granted letters of administration in Admin Cause No. 071/2010 to Okee Joseph and Omona Constantino as administrators of the estate of the late Okeny Adimiriki. Omona Constantino died on 21 August 2011, five months after his appointment. A family meeting was held proposing that the surviving administrator, Okee Joseph, be joined by Obwonyo Okeny as new administrators. The applicants sought revocation of the original grant and issuance of a fresh grant in the names of Okee Joseph and Obwonyo Okeny.

Issues

1. Whether the original grant of letters of administration had become inoperative due to the death of one co-administrator.
2. Whether a fresh grant of letters of administration should be issued to the surviving administrator and a new co-administrator.

Orders

• Grant of letters of administration dated 16/3/2011 revoked.
• Okee Joseph and Obwonyo Okeny appointed as administrators of the estate of the late Okeny Adimiriki for two years from 11/4/2024.
• Administrators to lodge an inventory in court by 11/4/2025.
• Administrators to lodge a final account not later than 11/4/2026.
• Letters of administration granted expire on 11/4/2026.

Rules and key headnotes

Legislation cited (3)

• Succession Act Cap 162 s.234(1)
• Succession Act Cap 162 s.234(2)(d)
• Succession Act Cap 162 s.234(5)

Cases cited (1)

• In the matter of John Peter Otto (Miscellaneous Application No. 149 of 2023)

The original judgment as reported. Read the original PDF before relying on any passage.