[2017] KEHC 9482 (KLR)
The court found that the respondent failed to account for the estate, transferred estate properties into her own name, and sought to sell them without the consent of other beneficiaries. The respondent's actions were unchallenged as she did not respond to the application. The court accepted the applicant's averments...
Source-derived case information.
- Citation
- [2017] KEHC 9482 (KLR)
- Parties
- Applicant: Alice Muthoni Wamalwa; Respondent: Yvonne Nambia Wamalwa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2569 of 2013
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Injunction Application
- Outcome
- injunction granted; costs to applicant
- Judges
- AO Muchelule
- Legal Topics
- Estate Administration, Injunctions, Accounting of Estate, Waste of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Muthoni Wamalwa
Applicant
Yvonne Nambia Wamalwa
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the respondent has failed to account for the estate of the deceased as required by law.
- 2 Whether the respondent has unlawfully transferred and sought to sell estate properties without the consent of beneficiaries.
- 3 Whether an injunction should issue to restrain the respondent from further alienating or wasting the estate.
Ratio Decidendi
The court found that the respondent failed to account for the estate, transferred estate properties into her own name, and sought to sell them without the consent of other beneficiaries. The respondent's actions were unchallenged as she did not respond to the application. The court accepted the applicant's averments and determined that the estate required preservation to prevent further waste or alienation. Consequently, the court granted an injunction restraining the respondent, her servants, and agents from selling, leasing, or otherwise alienating LR No. 10125/5 and LR 10125/6 until the estate is finally distributed or further orders are made. The order was to be registered against the...
Court Disposition
injunction granted; costs to applicant
Orders
- An order is granted restraining the respondent, her servants, and agents from selling, leasing, or otherwise alienating LR No. 10125/5 and LR 10125/6 until the estate is finally distributed or until further orders.
- The order shall be registered against the two titles at the lands office, Nairobi.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2569 OF 2013
IN THE MATTER OF MICHAEL CHRISTOPHER WAMALWA
ALICE MUTHONI WAMALWA…………….…………APPLICANT
VERSUS
YVONNE NAMBIA WAMALWA…………..……….RESPONDENT
RULING
1. On 7th April 2015 this court gave orders directing the Public Trustee to take over and manage the estate of the deceased Michael Christopher Wamalwa who died intestate on 23rd August 2003. This was because the respondent Yvonne Nambia Wamalwa (the widow and who had been issued with letters of administration ad colligenda bona on 11th September 2003) had failed to provide a statement giving full account of money received by her on account of the estate. She was also wasting and sharing out the estate when there was no full grant. Summons were issued for her personal attendance to explain the reasons for non-compliance, and the Director of Pensions was directed not to make any payment to the respondent, or to the estate, in respect of the deceased.
2. On 29th March 2017 the applicant Alice Muthoni Wamalwa, daughter of the deceased and co-administration of the estate, filed this application dated 25th March 2017 to complain that the respondent had failed to account, and had since instead transferred LR No. 10125/5 and LR 10125/6 belonging to the estate into her names and was seeking to sell them. Further, she had taken a loan of Kshs.10,000,000/= from Equity Bank without the consent of the beneficiaries of the estate. The application was filed seeking an injunction to restrain the respondent, her servants, and her agents from selling, wasting, damaging or alienating the two properties, and that the injunction be registered against the titles in the lands office, Ministry of Lands at Nairobi. The applicant swore an affidavit to support the application. The application was served but did not elicit any response. Ms. Machio filed written submissions in support of the application.
3. The averments by the applicant were unchallenged. I accept them, and find that the respondent continues to alienate and waste the estate of the deceased to the disadvantage of the other beneficiaries. The estate cries for preservation. This is the reason why I grant an order against the respondent, her servants and agents restraining the sale, lease or any other form of alienation of parcels LR No. 10125/5 and 10125/6 until the estate of the deceased has been finally distributed, or until any further orders. The order shall be registered against the two titles at the lands office, Nairobi. Costs of the application shall be borne by the respondent.
DATED and DELIVERED at NAIROBI this 5TH day of OCTOBER 2017
A.O. MUCHELULE
JUDGE