[2016] KEHC 6487 (KLR)
The court held that administrators of a deceased estate are trustees with a statutory duty to render accounts to both the court and beneficiaries. This duty arises under the Trustee Act and the Law of Succession Act. The absence of opposition from the respondents and their failure to file submissions meant the...
Source-derived case information.
- Citation
- [2016] KEHC 6487 (KLR)
- Parties
- Applicant: Applicant(s) (names not specified); Respondent: Administrators of the Estate of Daniel Macharia Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1917 of 1996
- Procedural Posture
- Succession Cause / Ruling on Application for Accounts and Income Management
- Outcome
- Application allowed as unopposed; orders granted as prayed in prayers 1, 2, and 3.
- Judges
- DN Musyoka
- Legal Topics
- Succession Administration, Trustee Duties, Estate Accounting, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant(s) (names not specified)
Applicant
Administrators of the Estate of Daniel Macharia Njoroge
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Accounts and Income Management
Legal Issues
- 1 Whether administrators of a deceased estate are legally bound to render accounts to the court and beneficiaries.
- 2 Whether the court should order the deposit of rental income from estate assets into a joint account for the benefit of beneficiaries.
- 3 Whether periodic payments to beneficiaries from estate income should be ordered.
Ratio Decidendi
The court held that administrators of a deceased estate are trustees with a statutory duty to render accounts to both the court and beneficiaries. This duty arises under the Trustee Act and the Law of Succession Act. The absence of opposition from the respondents and their failure to file submissions meant the application was unopposed. The court found it appropriate to grant the orders sought, requiring the administrators to render accounts within thirty days, deposit rental income into a joint interest-earning account in the names of all administrators, and open such an account within thirty days. The court emphasized that accounting is a matter of course for trustees, not contingent on...
Court Disposition
Application allowed as unopposed; orders granted as prayed in prayers 1, 2, and 3.
Orders
- The application dated 27th May 2013 is allowed in terms of prayers 1 and 3.
- Administrators to render an account within thirty (30) days of the order.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 1917 OF 1996
IN THE MATTER OF THE ESTATE OF DANIEL MACHARIA NJOROGE (DECEASED)
RULING
1. The application dated 27th May 2013 seeks the rendering of accounts, payment of rental income collected from some of the assets into a joint account or be deposited in court, and periodic payments to the beneficiaries of a portion of the said income.
2. I have carefully gone through the record and noted that there are no replies or responses to the application by the respondents. I have noted too that although directions were given that the said application be disposed of by way of written submissions, the respondents did not file any. I shall therefore treat the said application as unopposed.
3. I note that the orders are sought against administrators. The office of an administrator of the estate of a deceased person is one of trust, which makes the administrator a trustee. A trustee is bound in law to account for the property that they hold in trust. The account should be rendered to the court and to the beneficiaries of the trust.
4. The duty to account on the part of trustees is statutory. It is imposed by the Trustee Act (Cap 167 Laws of Kenya) and the Law of Succession Act (Cap 160 Laws of Kenya) both of which apply with respect to the handling of the estate of a dead person. An account should be a matter of course, whether or not asked for by the beneficiaries.
5. In light of the above, I do hereby-
a. Allow the application dated 27th May 2013 in terms of prayers 1 and 3 of the application;
b. Order that the said account shall be rendered in the next thirty (30) days of today’s order;
c. Allow prayer 2 of the application; the income to be deposited in a joint interest earning account with a reputable bank or financial institution in the names of all the administrators;
d. Order that the bank account in (c) above shall be opened in the next thirty (30) days of this order; and
e. Order that costs be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 5TH DAY OF FEBRUARY, 2016.
W. MUSYOKA
JUDGE