[2018] KEHC 8997 (KLR)
The court exercised its discretion under the Law of Succession Act to make interim provision for a dependant beneficiary. Given that the applicant's son required accommodation to pursue his university studies and the estate included suitable apartments, and noting that the application was unopposed, the court found...
Source-derived case information.
- Citation
- [2018] KEHC 8997 (KLR)
- Parties
- Applicant: Irene Wangui Ngunjiri; Respondent: Catherine Njeri Ngunjiri; Respondent: Caroline Wambui Ngunjiri; Respondent: Harit A. Sheth
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2261 of 2011
- Procedural Posture
- Succession Cause / Interlocutory Application Ruling
- Outcome
- Application allowed.
- Judges
- AO Muchelule
- Legal Topics
- Interim Provision, Dependant Accommodation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Wangui Ngunjiri
Applicant
Catherine Njeri Ngunjiri
Respondent
Caroline Wambui Ngunjiri
Respondent
Harit A. Sheth
Respondent
Procedural Posture
Succession Cause / Interlocutory Application Ruling
Legal Issues
- 1 Whether the court should grant vacant possession of one of the deceased's apartments for the accommodation of the applicant's son during his university studies pending determination of the succession proceedings.
- 2 Whether the court has discretion to make interim provision for a dependant beneficiary before final distribution of the estate.
Ratio Decidendi
The court exercised its discretion under the Law of Succession Act to make interim provision for a dependant beneficiary. Given that the applicant's son required accommodation to pursue his university studies and the estate included suitable apartments, and noting that the application was unopposed, the court found it just to order that one apartment (A6) be made available for the son's use. The court recognized its power to provide for dependants pending the final determination of the succession cause, especially where the request is reasonable and not prejudicial to other beneficiaries.
Court Disposition
Application allowed.
Orders
- Apartment A6 on LR No. 209/5821/6 along Forest Road in Nairobi shall be made vacant for the accommodation of Alfred Nahashon Ngunjiri while studying at the University of Nairobi.
- If apartment A6 has a tenant, all lawful means shall be used to terminate the tenancy to enable its availability for the said use.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2261 OF 2011
IN THE MATTER OF THE ESTATE OF ANTHONY NAHASHON NGUNJIRI - (DECEASED)
IRENE WANGUI NGUNJIRI........................................ APPLICANT
VERSUS
CATHERINE NJERI NGUNJIRI........................1ST RESPONDENT
CAROLINE WAMBUI NGUNJIRI....................2ND RESPONDENT
HARIT A. SHETH…………………….…….…..3RD RESPONDENT
RULING
1. This application was not opposed. The applicant Irene Wangui Ngunjiri is a widow of the deceased Anthony Nahashon Ngunjiri. Her firstborn son Alfred Nahashon Ngunjiri has been admitted to the University of Nairobi to study Civil Engineering under Module II programme. She is able to provide for the subsistence and catering costs for the boy, but cannot afford to provide for his accommodation. She lives in Thome Estate in Nairobi which is not convenient for the boy. The application seeks that the court does order vacant possession of any of the apartments of the deceased situate on LR No. 209/5821/6 along Forest Road in Nairobi for the use and occupation of the boy during his studies pending the hearing and determination of these succession proceedings. The apartments are A6, B1 or B3. She seeks any one of them.
2. The court has complete discretion to make provision for a beneficiary or dependant while the proceedings are on-going. I consider that the 1st and 2nd respondents (Catherine Njeri Ngunjiri and Caroline Wambui Ngunjiri) are the other beneficiaries of the deceased. They were educated in Western Australia.
3. I order that apartment A6 on LR No. 209/5821/6 along Forest Road in Nairobi be made vacant for the accommodation of Alfred Nahashon Ngunjiri while studying at the University of Nairobi. If the apartment has a tenant, all lawful means be used to terminate the tenancy to enable the availability of the same for the said use.
DATED and DELIVERED at NAIROBI this 21ST day of FEBRUARY 2018.
A.O. MUCHELULE
JUDGE