Peter Ng’ang’a & 2 others v Irene Wambui Ngigi & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS FAMILY DIVISION SUCCESSION CAUSE NO. 1596 OF 2015 IN THE MATTER OF THE ESTATE OF GEOFFREY NGIGI NG’ANG’A (DECEASED) PETER NG’ANG’A ...........................1ST PETITIONER JAMES MUNGAI NGIGI.................2ND PETITIONER PETER NG’ANG’A NGIGI..............3RD PETITIONER VERSUS IRENE WAMBUI NGIGI................1ST RESPONDENT PETER NG’ANG’A NGIGI...........2ND RESPONDENT RULING 1. The deceased died intestate on 3rd April 2015. He was survived by two houses: a. the house of Marion Njoki Ngigi (deceased) that had Peter Ng’ang’a (1 st petitioner), James Mungai Ngigi (2nd petitioner), Stephen Mbugua Ngigi and Winnie Wahu Ng’ang’a as children; and b. the house of the 1st respondent Irene Wambui Ngigi whose children are Peter Ng’ang’a Ngige (3 rd petitioner and 2nd respondent), Ng’ang’a Ngige, Charity Wanja Ngigi, Alicia Wambui Ngigi and Winfred Wahu Ngigi. 2. It is clear that the 1 st and 2nd petitioners filed this petition on 30 th June 2015 for the grant of letters of administration in respect of the estate of the deceased. Although they indicated Peter Ng’ang’a Ngige as the 3 rd petitioner, they did not obtain his signature, and consent. They indicated the 1st respondent to be the widow of the deceased but did not obtain her signature and consent. Peter Ng’ang’a Ngige did not sign the affidavit of the proposed administrators. In the affidavit of proposed sureties, the petitioners got the wife of the 1 st petitioner and the wife of the 3 rd petitioner to be sureties. All beneficiaries were named, but there was no care to have each signed the petition as a way of consenting to the same. Under rule 26 of the Probate and Administration Rules a petition for grant of letters of administration must be accompanied by a consent duly signed by all persons entitled to a share in the estate of the deceased (Al Amin Abdulrehman Hatimu –vMohamed Abdulrehman Mohamed & Another [2013]eKLR). In the matter of the Estate of Mwaura Mutungi alias Mwaura Gichichio Mbura alias Mwaura Mbura, Nairobi HC. Succession Cause No. 935 of 2003 the grant was revoked because the petitioner failed to notify the applicant of the petition and obtain his consent. 3. Those are the reasons why the respondents filed the present preliminary objection dated 2 nd July 2017 to state that the petition is incurably defective and should be dismissed with costs. Counsel filed written submissions on the objection. I have considered them. 4. I consider that no grant has so far been issued, although the petition was gazette. It is the objection that stopped the grant.

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