Case ID:159971

In re Estate of the Late Walter Robert Glenie (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 28 of 2020

Parties:

In re Estate of the Late Walter Robert Glenie (Deceased)

Date Delivered:

27 May 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Abida Ali-Aroni

Citation:

In re Estate of the Late Walter Robert Glenie (Deceased) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application dismissed

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 NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 28 OF 2020

IN THE MATTER OF THE ESTATE OF THE LATE WALTER ROBERT GLENIE (DECEASED)

EUNICE WANJIRU KAIGAI.............APPLICANT

R U L I N G

1. The Applicant Eunice Wanjiru Kaigai petitioned for letters of administration

ad colligenda Bona

under Section 67 of the Law of Succession Act, on the 13

th

of January, 2020.

2. In the petition she described herself as a co-executor of the deceased will. She went further to state that the reason for the application is because she needed funds for school fees, and mortgage. She required the expenses stated be paid from the deceased bonus from

KULAL INTERNATIONAL LIMITED

and

QPHARM LIMITED

.

3. In her supporting affidavit, the applicant indicated that the deceased died testate, however she is unable to access the legacies left behind as she has been sidelined, lacked information and the current directors of the companies named above seem to have lost interest in the companies to the detriment of the estate.

4. The application was however opposed by one Saul Glenie who described himself as a co-executor of the Will of the deceased for the sole reason that the deceased died testate and there has been no renunciation by the executors of his will.

5. The deceased in his will appointed the applicant and the opposer as the executors of his will and so far none has relinquished their position. In law it is their duty inter alia to collecting, preserve and eventually distribute the estate as per the will and of course deal with all matter’s incidental thereto.

6. To appoint an administrator albeit temporarily will duplicate the duty of administration of the estate and create confusion in this regard and I do agree with Mr. Gichuka, for the objector herein that where

Section 80

of the

Law of Succession Act

is applicable

Section 67

has no place, they certainly cannot be operational concurrently. In this regard therefore the objection is upheld.

7. Consequently, the application dated 13

th

January, 2020 be and is hereby dismissed.

8. Each party to bear his/her own costs.

DATED and DELIVERED in NAIROBI on this 27

th

day of May, 2020.

ALI-ARONI

JUDGE