[2019] KEHC 11351 (KLR)
The court found that since no party had petitioned for a full grant of letters of administration since 2003, and the estate was at risk of wastage, it was necessary to ensure the Public Trustee was formally notified of his appointment to manage the estate. The court directed that the Public Trustee be served with...
Source-derived case information.
- Citation
- [2019] KEHC 11351 (KLR)
- Parties
- Applicant: Michelle Nafuna Wamalwa; Respondent: Alice Muthoni Wamalwa; Interested Party: Derek Mboya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 41 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Service and Preservation Orders Pending Further Directions
- Outcome
- Directions issued for service on Public Trustee and preservation of estate pending further directions.
- Judges
- AO Muchelule, AN Ongeri
- Legal Topics
- Succession Estate Management, Letters of Administration, Public Trustee Role
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michelle Nafuna Wamalwa
Applicant
Alice Muthoni Wamalwa
Respondent
Derek Mboya
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Service and Preservation Orders Pending Further Directions
Legal Issues
- 1 Whether the Public Trustee should be formally notified and involved in the management of the deceased's estate.
- 2 Whether the estate should be preserved pending further directions and hearing of the application dated 5th February 2019.
Ratio Decidendi
The court found that since no party had petitioned for a full grant of letters of administration since 2003, and the estate was at risk of wastage, it was necessary to ensure the Public Trustee was formally notified of his appointment to manage the estate. The court directed that the Public Trustee be served with the relevant ruling and application, and that the estate be preserved pending further directions. This approach ensures compliance with statutory requirements for estate administration and protects the interests of all potential beneficiaries and creditors.
Court Disposition
Directions issued for service on Public Trustee and preservation of estate pending further directions.
Orders
- Deputy Registrar to serve the Public Trustee with the Ruling delivered on 7th April 2015.
- Deputy Registrar to serve the Public Trustee with a notice to attend court on 31st July 2019 for further directions.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
MISC. APPLICATION NO. 41 OF 2018
CONSOLIDATED
WITH SUCCESSION CAUSE NO. 2569 OF 2003
IN THE MATTER OF THE ESTATE OF CHRISTOPHER WAMALWA (DECEASED)
MICHELLE NAFUNA WAMALWA.....................APPLICANT
VERSUS
ALICE MUTHONI WAMALWA.......................RESPONDENT
DEREK MBOYA.....................................INTERESTED PARTY
RULING
1. On 7th April 2015 this court made several orders, one of which was that the Public Trustee should take over and manage the estate of the deceased Michael Christopher Wamalwa. This was because since 2003 when the deceased’s widow the late Yvonne Nambia Wamalwa applied for letters of administration ad colligenda bona, none of the parties (including her) has petitioned the court for the full grant in respect of the estate. The estate has continued to be wasted, despite there being no full grant. There has been no gazettement to allow for all those interested persons (including creditors or debtors) to be informed of the proceedings.
2. Secondly, the application dated 5th February 2019 was not served on the Public Trustee. I suspect that none of the parties has even alerted the Public Trustee of his appointment to manage the estate.
3. I direct the Deputy Registrar to formally serve the Public Trustee with the Ruling delivered on 7th April 2015, and also serve him with a notice to attend on 31st July 2019 when further directions shall be taken in the matter.
4. In the meantime, the estate shall be preserved.
5. The application dated 5th February 2019 shall be served on the Public Trustee, and directions for its hearing shall be taken on 31st July 2019.
DATED and SIGNED at NAIROBI this 22ND day of MAY 2019
A.O. MUCHELULE
JUDGE
DATED and DELIVERED at NAIROBI this 29TH day of MAY 2019
A.N. ONGERI
JUDGE