[2019] KEHC 10549 (KLR)
The court found that the applicant was entitled to the properties as per the orders of Kimaru J dated 5/10/2006. The respondents, as joint administrators, had refused or neglected to execute the necessary transfer documents without plausible reason. To give effect to the court's previous orders and ensure the...
Source-derived case information.
- Citation
- [2019] KEHC 10549 (KLR)
- Parties
- Applicant: Elizabeth Nyambura Wangeka; Respondent: Ruth Muthoni Wangeka
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 82 of 1992
- Procedural Posture
- Succession Cause / Ruling on Summons for Substitution of Signatory
- Outcome
- Application allowed in terms of prayer (b); costs in the cause.
- Judges
- AG Ndung'u
- Legal Topics
- Administration of Estates, Grant of Letters of Administration, Execution of Transfer Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Nyambura Wangeka
Applicant
Ruth Muthoni Wangeka
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Substitution of Signatory
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute forms P & A 17 and 19 for transfer of property awarded to the applicant.
- 2 Whether the respondents' refusal to execute the documents justifies court intervention.
Ratio Decidendi
The court found that the applicant was entitled to the properties as per the orders of Kimaru J dated 5/10/2006. The respondents, as joint administrators, had refused or neglected to execute the necessary transfer documents without plausible reason. To give effect to the court's previous orders and ensure the applicant receives her inheritance, it was fair, just, and expedient for the Deputy Registrar to be authorized to execute the relevant forms (P & A 17 and 19) on behalf of the respondents. The court allowed the summons in terms of prayer (b), ensuring compliance with the law and the court's directives regarding administration of the estate.
Court Disposition
Application allowed in terms of prayer (b); costs in the cause.
Orders
- The Deputy Registrar is authorized to execute forms P & A 17 and 19 to facilitate the transfer of the awarded properties to the applicant.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 82 OF 1992
IN THE MATTER OF THE ESTATE OF THE LATE NATHAN WANGEKA RUNANA (DECEASED)
RULING
1. This ruling is in respect of the summons for substitution of signatory to forms P & A 17 and 19 of the Law of Succession.
2. It is sought that the court to execute forms P & A 17 and 19 in favour of the applicant and that costs be provided for.
3. It is the applicant’s case that Elizabeth Nyambura Wangeka and Ruth Muthoni Wangeka are joint administrators with the applicant of the estate of Nathan Wangeka Runana.
4. It is urged that the two (2) have refused to execute the relevant documents of transfer in favour of the applicant and her children the property the court awarded the applicant despite demand.
5. It is sought that the Deputy Registrar proceeds to execute the documents to facilitate the necessary transfer.
6. Despite evidence of proper service, the application elicited no response from the respondents.
7. I have had occasion to consider the application and the supporting affidavit. I have had due regard to the record herein.
8. The orders of court (Kimaru J) dated 5/10/2006 are clear that the applicant was to inherit Kamwago Farm Njoro, measuring 3 acres together with developments thereon and plot number Pangani II plot number 124 together with improvements thereon.
9. I am persuaded that the orders sought herein are necessary to give effect to the orders of court.
10. I find that the respondents have refused/neglected to execute the necessary documents for no plausible reason.
11. It is fair, just and expedient that the Deputy Registrar of this court proceeds to execute the said documents.
12. I allow the summons dated 29/3/2018 in terms of prayer (b). Costs be in the cause.
Dated and Delivered at Nakuru this 24th day of January, 2019.
A. K. NDUNG'U
JUDGE