[2015] KEHC 7025 (KLR)
The court found that the trust over LR No. 36/VII/34, created for the benefit of the deceased's minor children, was only to subsist during their minority. As both beneficiaries had attained the age of majority by the time of the application, the trust no longer existed. Consequently, the administrators no longer...
Source-derived case information.
- Citation
- [2015] KEHC 7025 (KLR)
- Parties
- Applicant: Administrators of the Estate of Ali Ismail Mohamed; Respondent: Minor children of the deceased (now adults)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2548 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to Dispose of Estate Property
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Succession of Estates, Trusts for Minors, Vesting of Property, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of Ali Ismail Mohamed
Applicant
Minor children of the deceased (now adults)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Leave to Dispose of Estate Property
Legal Issues
- 1 Whether the administrators have authority to dispose of LR No. 36/VII/34 after the beneficiaries have attained majority.
- 2 Whether the trust created by the confirmed grant subsists after the minors reach adulthood.
Ratio Decidendi
The court found that the trust over LR No. 36/VII/34, created for the benefit of the deceased's minor children, was only to subsist during their minority. As both beneficiaries had attained the age of majority by the time of the application, the trust no longer existed. Consequently, the administrators no longer held the property in trust and had no authority to seek its disposal or reinvestment. The proper course was for the administrators to arrange for the transfer and vesting of the property in the now adult beneficiaries. The application to dispose of the property was therefore misconceived and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 16th July 2013 is dismissed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 2548 OF 1999
IN THE MATTER OF THE ESTATE OF ALI ISMAIL MOHAMED- (DECEASED)
RULING
1. The application dated 16th July 2013 is by the administrators of the estate of the deceased. They seek leave to dispose of a landed property which forms part of the estate of the deceased. After the sale the proceeds are to be re-invested.
2. The property sought to be sold is the one described as LR No. 36/VII/34.
3. The grant herein was confirmed on 10th May 2006. It was ordered that the said property, LR No. 36/VII/34, was be held strictly in trust for the two minor children till they attain the age of majority.
4. I note that the property in question is immovable. It is unlikely to depreciate in value. It was ordered that it be held strictly in trust for the two minors.
5. I note that the children in whose benefit the property was to be held in trust by the applicants were sixteen (16) and seventeen (17) years of age in 2006 when the grant was confirmed. Eight (8) years have since lapsed. The said children should be aged twenty-four (24) and twenty-five (25) years respectively by now.
6. The trust ordered on 10th May 2006 was to submit during the minority of the children. They have now attained majority and the said trust no longer submits. The administrators do not now hold the said property in trust for the children. The administrators should be arranging to have the property transferred and vested in the now adult children of the deceased.
7. In the end, I find that the application dated 16th July 2013 is misconceived. I hereby dismiss the same. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 23rd DAY OF January 2015.
W. MUSYOKA
JUDGE