[2020] KEHC 2072 (KLR)
The court found that the partnership between the deceased Ndirui Kimani and Ernest Bacha was dissolved by their deaths. The only asset of the partnership, Plot No. 14 Wangige Market, should be sold and the proceeds shared equally between the beneficiaries of the two deceased persons' estates. Until the sale, rental...
Source-derived case information.
- Citation
- [2020] KEHC 2072 (KLR)
- Parties
- Applicant: Edward Kinyanjui Ndirui; Applicant: George Muchai Ndirui (being the legal representative of the late Kimani Ndirui); Respondent: James Kariko Bacha (the representative and trustee of the estate of the late Ernest Bacha)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 16 of 2015
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- originating summons allowed; partnership dissolved; property to be sold and proceeds shared equally; no order as to costs.
- Judges
- AO Muchelule
- Legal Topics
- Partnership Dissolution, Succession and Estates, Property Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Kinyanjui Ndirui
Applicant
George Muchai Ndirui (being the legal representative of the late Kimani Ndirui)
Applicant
James Kariko Bacha (the representative and trustee of the estate of the late Ernest Bacha)
Respondent
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the partnership between the deceased Ndirui Kimani and Ernest Bacha should be dissolved.
- 2 Whether Plot No. 14 Wangige Market should be sold and the proceeds shared equally among the beneficiaries of the two deceased estates.
Ratio Decidendi
The court found that the partnership between the deceased Ndirui Kimani and Ernest Bacha was dissolved by their deaths. The only asset of the partnership, Plot No. 14 Wangige Market, should be sold and the proceeds shared equally between the beneficiaries of the two deceased persons' estates. Until the sale, rental proceeds from the property are to be shared equally between the two estates for distribution to their respective beneficiaries. The respondent supported the application, and there was no contest to the facts or the relief sought. The court therefore granted the orders as prayed, with no order as to costs.
Court Disposition
originating summons allowed; partnership dissolved; property to be sold and proceeds shared equally; no order as to costs.
Orders
- The partnership between the deceased Ndirui Kimani and Ernest Bacha is dissolved.
- Plot No. 14 Wangige Market shall be sold and the proceeds shared equally between the beneficiaries of the two deceased persons’ estates.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
CIVIL SUIT NO. 16 OF 2015 (OS)
IN THE MATTER OF AN APPLICATION BY THE LEGAL REPRESENTATIVES OF THE LATE NDIRUI KIMANI
IN RESPECT OF PLOT NO. 14 WANGIGE MARKET
AND
IN THE MATTER OF THE PARTNERSHIP BETWEEN NDIRUI KIMANI AND ERNEST BACHA (BOTH DECEASED)
BETWEEN
EDWARD KINYANJUI NDIRUI.....1ST PLAINTIFF/APPLICANT
GEORGE MUCHAI NDIRUI (being the legal representative of the
late Kimani Ndirui).............................2ND PLAINTIFF/APPLICANT
AND
JAMES KARIKO BACHAthe representative and trustee of the estate
ofthe late Ernest Bacha............................................... RESPONDENT
JUDGMENT
1. The uncontroverted evidence is that plot No. 14 at Wangige Market was owned by the partnership of the deceased Ndirui Kimani and the deceased Ernest Bacha. The estate of the deceased Ndirui Kimani is represented by the applicants Edward Kinyanjui Ndirui and George Muchai Ndirui. The estate of the deceased Ernest Bacha is represented by the respondent James Kariko Bacha.
2. In the present originating summons dated 4th December 2015, the applicants sought a declaration to dissolve the partnership and for the plot to be sold and the proceeds equally shared by the beneficiaries of the two deceased persons.
3. The respondent supported the application.
4. I allow the originating summons, and order the dissolution of the partnership that existed between the two deceased persons. I order that the sole property of the partnership (Plot No. 14 Wangige Market) shall be sold and the proceeds shared equally between the beneficiaries of the two deceased persons’ estates.
5. Until the sale is done, the proceeds of the rents over the property shall be shared equally between the two estates who shall share them equally to the respective beneficiaries.
6. I make no order as to costs.
DATED and DELIVERED electronically at NAIROBI this 3RD day of NOVEMBER 2020.
A.O. MUCHELULE
JUDGE