[2021] KEHC 545 (KLR)
The court found that the applicant, as a life tenant and trustee, had satisfied the statutory requirements under Section 37 of the Law of Succession Act for the sale of immovable property forming part of the deceased's estate. The children of the deceased, being of full age, had given their consent to the sale....
Source-derived case information.
- Citation
- [2021] KEHC 545 (KLR)
- Parties
- Applicant: Stephen Guandaru Munyi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 50 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Consent to Sell Property
- Outcome
- application allowed
- Judges
- CM Njagi
- Legal Topics
- Life Interest, Trusteeship, Consent to Sale, Succession Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Guandaru Munyi
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Consent to Sell Property
Legal Issues
- 1 Whether the court should grant consent to the applicant, a life tenant and trustee, to sell property forming part of the deceased's estate.
- 2 Whether the statutory requirements for sale of immovable property by a life tenant under Section 37 of the Law of Succession Act have been met.
Ratio Decidendi
The court found that the applicant, as a life tenant and trustee, had satisfied the statutory requirements under Section 37 of the Law of Succession Act for the sale of immovable property forming part of the deceased's estate. The children of the deceased, being of full age, had given their consent to the sale. There was no opposition to the application. The court, therefore, exercised its discretion to grant the necessary consent for the sale, as required by law, and allowed the application as prayed.
Court Disposition
application allowed
Orders
- The applicant is granted consent by the court to sell property Title No. Konyu/Baricho/3093, which he holds as a life tenant and trustee for his children with the deceased.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 50 OF 2014
IN THE MATTER OF THE ESTATE OF THE LATE ALICE ELIZABETH WAMBUI (DECEASED)
STEPHEN GUANDARU MUNYI............APPLICANT
RULING
The applicant has filed an application dated 26th November 2021 seeking for an order:
That the honourable court be pleased to give its consent to the sale of property Title No. Konyu/Baricho/3093 which the applicant holds as a life tenant and as trustee for his children with the deceased herein.
The application is made under Section 37 of the Law of Succession Act, Cap 160 Laws of Kenya and Rules 49 and 73 of the Probate and Administration Rules, 1980. Section 37 of the Act provides as follows:
A surviving spouse entitled to a life interest under the provisions Section 35 or 36 with the consent of all co-trustees and all children of full age or with consent of the court, may, during the period of the life interest sell any property subject to that interest if it is necessary for his own maintenance.
Provided that, in the case of immovable property, the exercise of that power shall always be subject to the consent of the court.
I have considered the application. Faith Wanjiru Guandaru are now of age and they have given their consent to the sale of the property. In the premises I do allow the application as prayed.
Orders accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT NYERI THIS 10TH DAY OF DECEMBER 2021.
JESSE N. NJAGI
JUDGE