[2014] KEHC 7304 (KLR)
The court found that the applicants had demonstrated a legitimate interest in the administration of the estate, particularly in light of the Kiambu Land Disputes Tribunal's decision that the property in question was to be shared between the deceased's family and the claimants. The evidence showed that the deceased...
Source-derived case information.
- Citation
- [2014] KEHC 7304 (KLR)
- Parties
- Applicant: James Ng’ang’a Bora; Applicant: Abigael Kanyi Kangethe; Respondent: Estate of Bora Mira (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 5 of 1996
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Administrators
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Letters of Administration, Trust Property, Family Land Disputes, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ng’ang’a Bora
Applicant
Abigael Kanyi Kangethe
Applicant
Estate of Bora Mira (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Administrators
Legal Issues
- 1 Whether the applicants should be enjoined as co-administrators of the estate of the deceased.
- 2 Whether the property Kiambaa/Thimbigua/2165 was held by the deceased in trust for the family.
Ratio Decidendi
The court found that the applicants had demonstrated a legitimate interest in the administration of the estate, particularly in light of the Kiambu Land Disputes Tribunal's decision that the property in question was to be shared between the deceased's family and the claimants. The evidence showed that the deceased held the property in trust for the family, and therefore, the applicants were entitled to participate in the administration of the estate. The court exercised its discretion to appoint the applicants as administrators to ensure fair representation and proper administration of the estate.
Court Disposition
application allowed
Orders
- James Ng’ang’a Bora and Abigael Kanyi Kangethe are appointed administrators of the estate of Bora Mira (deceased).
- A grant of letters of administration intestate shall issue to them accordingly.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO: 5 OF 1996
IN THE MATTER OF ESTATE OF BORA MIRA –(DECEASED)
RULING
1. The application dated 15th November 2010 is for an order that the applicants be enjoined as co-administrators of the estate of the deceased.
2. The argument is that Kiambaa/Thimbigua/2165 was registered in the name of the deceased although it was family property. This means that the deceased held it in trust for the family of the applicants.
3. There is documentation in the affidavit in support of the application to support this contention. This including the proceedings and decision of the Kiambu Land Disputes Tribunal claim number 15 of 2005, where it was decided that Kiambu/Thimbigua/2165 be divided equally between the family of the deceased and that of the claimants.
4. Both sides have filed detailed written submissions on the matter.
5. In view of the material placed before me, I am of the persuasion that the applicants have a stake in the administration of the estate of the deceased. I am therefore inclined to allow the application dated 25th November 2010, which I hereby do.
6. I appoint James Ng’ang’a Bora and Abigael Kanyi Kangethe administrator of the estate of Bora Mira deceased. A grant of letters of administration intestate shall issue to them accordingly.
7. Costs of the application shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE