Willie J. Daniel v Public Trustee [1977] KECA 19 (KLR)

The proviso does no more than permit informal administration where the gross estate, excluding registered land, does not exceed Shs 10,000. It confers no right to administer land registered under the Land Adjudication Act. The trial judge's contrary finding that it was a substantive enactment prevailing over section 2A was erroneous, a point conceded by the respondent before the Court.

Section 2A of the Public Trustee Act is a written law relating to land inconsistent with section 119 of the Registered Land Act. Section 4 of the Registered Land Act provides that inconsistent written laws do not apply unless a contrary intention appears; such a contrary intention appears from section 119(3), which specifically refers to grants of summary administration in favour of or issued by the Public Trustee. The later statute prevails.

Hancox J's comment that the certificate had no statutory backing overlooked section 119(3), which defines 'grant' to include the grant of summary administration in favour of, or issued by, the Public Trustee. Where no formal grant has been made for a small estate, the Public Trustee can himself issue a document certifying administration without a formal grant. This ground was unopposed and succeeds.

The appeal was on a preliminary issue only. The question whether the will's devises of land to one widow contravene section 4 of the African Wills Act was pleaded in paragraph 4 of the amended plaint and remains to be decided before the Public Trustee can dispose of the land. If the devises are invalid, the High Court must give directions on administration of that part of the estate.