[2024] KEHC 5197 (KLR)
The court found that the applicants, particularly the widow acting as trustee for the minor beneficiaries, provided plausible reasons for seeking to dispose of the estate property. The disposal was justified by the need to settle outstanding liabilities, including school fees, and the intention to invest the...
Source-derived case information.
- Citation
- [2024] KEHC 5197 (KLR)
- Parties
- Applicant: Slyvia Muthoni Kamotho; Applicant: Bryan Kisaingu Mutinda
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1868 of 2012
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Estate Administration, Trusteeship, Disposal of Estate Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Slyvia Muthoni Kamotho
Applicant
Bryan Kisaingu Mutinda
Applicant
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the applicants should be allowed to dispose of House No 67 at South Park Estate, LR No 20521 (I R No 74204 Sabaki), held in trust for minor beneficiaries.
- 2 Whether the disposal is justified for settling liabilities including school fees and investment of the balance.
Ratio Decidendi
The court found that the applicants, particularly the widow acting as trustee for the minor beneficiaries, provided plausible reasons for seeking to dispose of the estate property. The disposal was justified by the need to settle outstanding liabilities, including school fees, and the intention to invest the remaining proceeds for the benefit of the minors. The supporting affidavits detailed the necessity and prudence of the transaction. The court was satisfied that the application was made in good faith and in the best interests of the beneficiaries, and thus allowed the application.
Court Disposition
application allowed
Orders
- The applicants are allowed to dispose of House No 67 at South Park Estate, LR No 20521 (I R No 74204 Sabaki).
- Costs in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate f Boniface Mutinda Kisaingu (Deceased) (Succession Cause 1868 of 2012) [2024] KEHC 5197 (KLR) (Family) (29 April 2024) (Judgment)
Neutral citation: [2024] KEHC 5197 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1868 of 2012
HK Chemitei, J
April 29, 2024
In the matter of
Slyvia Muthoni Kamotho
1st Applicant
Bryan Kisaingu Mutinda
2nd Applicant
Judgment
1. In their Originating Summons application dated 4th April 2024 the Applicant prays for orders that they be allowed to dispose the property namely House No 67 At South Park Estate Situate At LR No 20521 (I R No 74204 Sabaki)
2. The application is based on the grounds thereof and the sworn affidavits of the 1st Applicant dated 18th March 2024 and 17th April 2024 respectively.
3. The Applicant is the widow of the deceased and mother to the beneficiaries. She has applied to dispose the aforementioned property which she was holding in trust for the minors.
4. The basic reason is for purposes of settling some liabilities including their school fees among others. In her further affidavit she has explained in detail how she will invest the balance of the purchased consideration totalling Kshs 5,851,419.
5. Having perused the application and in particular the supporting affidavits and I find the reasons advanced plausible.
6. The application is allowed. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 29TH DAY OF APRIL 2024H K CHEMITEIJUDGE