[2014] KEHC 7918 (KLR)
The court found that there was consensus among the parties that an administrator should be appointed for the estate of the deceased, Charles Chemimoi Kimurgor. Given the bad blood between the applicant and the respondent, as well as between the respondent and his sisters, and the fact that the respondent resides...
Source-derived case information.
- Citation
- [2014] KEHC 7918 (KLR)
- Parties
- Applicant: Hellen Cherono Kimurgor; Respondent: Ibrahim Hussein Kimurgor; Applicant: Caroline Chebet Murgor; Applicant: Matilda Chemeli Kimurgor
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 1129 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Administrators and Conservatory Orders
- Outcome
- Application allowed in part; applicant and two others appointed as administrators; conservatory order against respondent maintained.
- Judges
- DN Musyoka
- Legal Topics
- Grant of Letters of Administration, Appointment of Administrators, Estate Management, Family Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Cherono Kimurgor
Applicant
Ibrahim Hussein Kimurgor
Respondent
Caroline Chebet Murgor
Applicant
Matilda Chemeli Kimurgor
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Administrators and Conservatory Orders
Legal Issues
- 1 Whether conservatory orders should be issued against the respondent to protect the estate and the applicant.
- 2 Whether the applicant and other beneficiaries should be appointed as co-administrators of the estate.
- 3 Whether the respondent is suitable to be appointed as an administrator given the alleged misconduct and residence abroad.
Ratio Decidendi
The court found that there was consensus among the parties that an administrator should be appointed for the estate of the deceased, Charles Chemimoi Kimurgor. Given the bad blood between the applicant and the respondent, as well as between the respondent and his sisters, and the fact that the respondent resides abroad while the estate assets are in Kenya, the court determined it would be prudent to appoint resident administrators. The applicant, Hellen Cherono Kimurgor, was found suitable and was appointed alongside Caroline Chebet Murgor and Matilda Chemeli Kimurgor as administrators. The court also maintained the conservatory order barring the respondent from the matrimonial home,...
Court Disposition
Application allowed in part; applicant and two others appointed as administrators; conservatory order against respondent maintained.
Orders
- Hellen Cherono Kimurgor, Caroline Chebet Murgor, and Matilda Chemeli Kimurgor are appointed administrators of the estate of Charles Chemimoi Kimurgor.
- A grant of letters of administration intestate shall issue to the appointed administrators.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 1129 OF 2006
IN THE MATTER OF THE ESTATE OF CHARLES CHEMIMOI KIMURGOR – (DECEASED)
RULING
The application dated 29th November 2013 seeks conservatory orders against Ibrahim Hussein Kimurgor. It also seeks orders that all pending applications in the matter be lumped together and be heard on a day- to-day basis. Alternatively, that the court do appoint any of the beneficiaries co-administrators with the petitioner herein.
The application is founded on the grounds set out on the face of the application as well as the facts deposed in the affidavit of the applicant Helen Cherono Kimurgor. Essentially, the respondent, the said Ibrahim Hussein Kimurgor, is the biological son of the applicant and a step son of the deceased. He lives abroad. At the time of the filing of the application, he had just come back to the country. He is accused of engaging in acts of destruction at the applicants’ homestead where he has taken up residence. He is said to be in bad terms with the applicant as well as his siblings. He said misconduct is well documented in the affidavit in support of the application.
The matter was placed before me on 9th December 2013, under a certificate of urgency dated 4th December 2013. I directed the applicant to all the parties affected and come back for hearing on 10th December 2013 at 2. 30P.M. On 10th December 2013, Mr. Nyamunga appeared for the applicant, Mr. Munyola held brief for Miss. Yano for the respondent, while Mr. Katwa Kigeni appeared for the other children of the deceased. The parties addressed me on the matter. No papers were filed in reply to the application. I reserved my ruling.
Mr. Katwa supported the application. He proposed the applicant, but as she so signed, he suggested that she should be assessed by others. He took the view that the respondent was not suitable given that he was suspicious of the applicant and his sisters. Mr. Nyamunga was of similar opinion. He suggested that the applicant should be assisted by one biological daughter of the deceased and one daughter of the deceased. Mr. Munyoka took the view that the applicant should be appointed administration but the sisters of the respondent.
The applicant and the respondent both personally addressed the court. She explained her problem with the respondent, and indicated that he was not a person that she could work and live with. The respondent on the other hand accused the applicant and his sisters of conspiring against him.
There is clear consensus that an administrator be appointed to take charge of the estate of the deceased. There is unanimity about the appointment of the applicant, Hellen Cherono Kimurgor. It is suggested by the majority that she should be assisted, given her age, by other persons. No serious objections have been raised to these proposals.
I have taken note of the bad blood between the applicant and the respondent, as well as that been the respondent and his sisters. I have also noted that that the respondent is resident abroad. The estate of the deceased comprises of assets in Kenya. It would be prudent to have a resident administrator.
Taking everything into account, I hereby appoint Hellen Cherono Kimurgor, Caroline Chebet Murgor and Matilda Chemeli Kimurgor administrators of the estate of Charles Chemimoi Kimurgor. A grant of letters of administration intestate shall issue to them accordingly. In the meantime, the orders made on 10th December 2013 barring the respondent, Ibrahim Hussein Murgor, from the matrimonial home of the applicant, Hellen Cherono Murgor, shall remain in force until further orders by this court.
DATED, SIGNED and DELIVERED at NAIROBI this 23rd DAY OF May 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Nyamweya advocate for the applicant.
In the presence of Ms. Kaitany advocate for the respondent.