[2024] KEHC 8593 (KLR)
The court found that the administrators had failed to render proper accounts and had not distributed the estate as required by the confirmed grant. The judge noted that mistrust and lack of accountability had persisted among the siblings since 2018, and that the administrators had not executed their mandate. The...
Source-derived case information.
- Citation
- [2024] KEHC 8593 (KLR)
- Parties
- Applicant: Andrew Gitari Wanji; Applicant: Michael Mugweru Wanji; Respondent: Timothy Edward Kigo Wanji; Respondent: Lilian Nyawira Ejimadu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3102 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Accounts and Distribution of Estate
- Outcome
- application allowed; administrators ordered to distribute estate within 60 days as per confirmed grant
- Judges
- HK Chemitei
- Legal Topics
- Administration of Estates, Accounting by Administrators, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Andrew Gitari Wanji
Applicant
Michael Mugweru Wanji
Applicant
Timothy Edward Kigo Wanji
Respondent
Lilian Nyawira Ejimadu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Accounts and Distribution of Estate
Legal Issues
- 1 Whether the administrators have failed to render accounts as required by law.
- 2 Whether the administrators have failed to distribute the estate as per the confirmed grant.
- 3 Whether the court should compel the administrators to account for rental income and distribute the estate.
Ratio Decidendi
The court found that the administrators had failed to render proper accounts and had not distributed the estate as required by the confirmed grant. The judge noted that mistrust and lack of accountability had persisted among the siblings since 2018, and that the administrators had not executed their mandate. The court held that the best way forward was to compel the administrators to distribute the estate as per the confirmed grant, thereby allowing each beneficiary to manage their share independently. The court further held that any improvements made to estate property were presumed to benefit all beneficiaries, and that unless the grant was rectified, all beneficiaries remained entitled...
Court Disposition
application allowed; administrators ordered to distribute estate within 60 days as per confirmed grant
Orders
- Administrators to distribute the estate to beneficiaries as per the confirmed grant dated 15th October 2018 within 60 days.
- In default, the Deputy Registrar is authorized to execute transfer instruments to give effect to the grant.
Full Case Text
Judgment text and source record
33 paragraphs
In re Estate of Alice Wanjiru Wanji (Deceased) (Succession Cause 3102 of 2015) [2024] KEHC 8593 (KLR) (11 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8593 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Succession Cause 3102 of 2015
HK Chemitei, J
July 11, 2024
Between
Andrew Gitari Wanji
1st Applicant
Michael Mugweru Wanji
2nd Applicant
and
Timothy Edward Kigo Wanji
1st Respondent
Lilian Nyawira Ejimadu
2nd Respondent
Ruling
1. In their application dated 18th May 2023 the Applicants are seeking the following orders:-(a)That the Respondents be ordered to produce and render accounts statements clearly indicating to the extent on how the administrators herein have moved to distribute the estate since their obtaining certificate of confirmation of grant on 15th October 2018(b)The administrators be directed to render an account of the rental income received by them on behalf of the estate in respect of plot number LR 3721 (28) Ongata Rongai and plot no A 133 sector 1 Umoja Inner Core Estate Nairobi since July 2014. (c)Any other orders that the court may deem fit to grant.
2. The application is premised on the grounds thereof and the sworn affidavit of Andrew Gitari Wanji dated the same date.
3. The said affidavit essentially blames the Respondents who are the administrators of the estate of their deceased mother for failing to render accounts from the moment they were appointed. He also accused them of deliberately failing to distribute the estate as per the confirmed grant.
4. They are therefore asking for the intervention of this court since all efforts including mediation have failed. They deponed that the Respondents have been utilising proceeds from the rental premises without accounting over the same.
5. The Respondents through the replying affidavit of Timothy Wanji the 1st Respondent has vehemently denied and accused the Applicants as well as the co-Respondent for non-cooperation. He went on to deponed that he has accounted for all the amount collected and in fact notified them through various emails.
6. He said that at the time their mother passed on he was in school and that he has been the one running up and down to ensure that the estate was moving forward. He said that as a matter of fact they had even shared out their rural property and added value to the Rongai property by carrying out some constructions.
7. The court directed the parties to file submissions which they have complied. I have perused the same as well as the cited authorities.
8. The issue herein in my view is simply a mistrust between the siblings and lack of accountability by the administrators. They have all been here since 2018 and it appears to me that the administrators have failed to execute the mandate given to them.
9. The issue of adding value to the Ongata Rongai property may be good but then it appears there was no consensus from the rest of the parties. This goes with the fact that there have been collections of rent from some of the premises. The administrators have not been able to account as per the Applicants.
10. What is the way forward? I think the best way is to simply share out the estate as per the confirmed grant. This will ensure that each one of them can do whatever it pleases with their shares.
11. If there are any improvements in any of the properties as alleged by the Respondent, then the same was out of the estates proceeds and I presume the value added was to the interest of the rest.
12. If the Applicant is no longer interested in the estate of her late mother which he has denied, then it must be made clear through the rectification of the grant. For now, it remains an allegation and this court to the extent that the grant has not been rectified will treat it as it is.
13. Consequently, the administrators should within 60 days from the date herein distribute the estate to the beneficiaries as per the grant dated 15th October 2018 and in default the Deputy Registrar of this court shall be at liberty to execute the transfer instruments so as to give effect to the said grant.
14. Costs shall be in the cause.
DATED SIGNED AND DELIVERED IN NAIROBI VIA VIDEO LINK THIS 11TH DAY OF JULY 2024. H K CHEMITEIJUDGE