[2022] KEHC 14406 (KLR)
The court determined that the enduring solution to the ongoing disputes and multiplicity of applications in the estate of Damaris Nduta Gitau is to proceed with the hearing and determination of the pending application for confirmation of grant filed by the respondent on October 31, 2018. The court found that the...
Source-derived case information.
- Citation
- [2022] KEHC 14406 (KLR)
- Parties
- Applicant: Jackline Kabibi Njeri; Applicant: Rachael Eunice Njeri Gitau; Applicant: Linet Wanjiru Mungai; Respondent: Edwin Muchene Gitau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 444 of 2011
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Applications Regarding Administration and Confirmation of Grant
- Outcome
- Directions issued for hearing and determination of the application for confirmation of grant; all parties to file and serve responses within 30 days; respondent to file further affidavit within 21 days of service; application to be heard orally in open court; costs in the cause.
- Judges
- AO Muchelule
- Legal Topics
- Succession, Letters of Administration, Confirmation of Grant, Estate Distribution, Administrator Removal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Kabibi Njeri
Applicant
Rachael Eunice Njeri Gitau
Applicant
Linet Wanjiru Mungai
Applicant
Edwin Muchene Gitau
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Applications Regarding Administration and Confirmation of Grant
Legal Issues
- 1 Whether the respondent should be replaced as administrator of the estate due to alleged intermeddling and wastage.
- 2 Whether the daughter of a deceased applicant should be substituted as a party to the proceedings.
- 3 What is the appropriate process to resolve the prolonged dispute over the distribution of the estate.
Ratio Decidendi
The court determined that the enduring solution to the ongoing disputes and multiplicity of applications in the estate of Damaris Nduta Gitau is to proceed with the hearing and determination of the pending application for confirmation of grant filed by the respondent on October 31, 2018. The court found that the respondent's failure to prosecute the confirmation application and to abide by previous court orders has led to prolonged litigation and dissatisfaction among the beneficiaries. Rather than immediately removing the respondent as administrator or substituting parties, the court directed all parties to file and serve responses to the confirmation application within 30 days, with the...
Court Disposition
Directions issued for hearing and determination of the application for confirmation of grant; all parties to file and serve responses within 30 days; respondent to file further affidavit within 21 days of service; application to be heard orally in open court; costs in the cause.
Orders
- All parties to file and serve responses to the respondent’s application for confirmation of grant within 30 days.
- Respondent to file any further affidavit within 21 days of service.
Full Case Text
Judgment text and source record
28 paragraphs
In re Estate of Damaris Nduta Gitau (Deceased) (Succession Cause 444 of 2011) [2022] KEHC 14406 (KLR) (Family) (25 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14406 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 444 of 2011
AO Muchelule, J
October 25, 2022
Between
Jackline Kabibi Njeri
Intended Applicant
and
Rachael Eunice Njeri Gitau
1st Applicant
Linet Wanjiru Mungai
2nd Applicant
and
Edwin Muchene Gitau
Respondent
Ruling
1. I have read through this file. It is in respect of the estate of Damaris Nduta Gitau who died intestate on November 17, 2010 and left a substantial estate which, since 2011 when the cause was filed, has not been distributed. The grant of letters of administration intestate was issued to the respondent Edwin Muchene Gitau on February 15, 2018, and there is no evidence that it has been confirmed. On October 31, 2018 the respondent applied to have the grant confirmed, but it does appear that he did not prosecute the application. This has allowed all manner of applications to be filed by the beneficiaries seeking to derive benefit from the estate. They believe that the estate is substantially benefitting the respondent alone.
2. The present application dated September 25, 2020 by the applicants Rachael Eunice Njeri Gitau and Linet Wanjiru Mungai essentially seeks their appointment as administrators of the estate in place of the respondent whom they allege is intermeddling with the estate and is wasting it. The application did not receive a response from the respondent.
3. In the application dated June 2, 2022 it was indicted that Rachael Eunice Njeri Gitau had died. It was sought that the daughter Jackline Kabibi Njeri does replace her in the proceedings. Again the application was not defended.
4. It is my considered view that, noting the complaints over a long time that the respondent has refused to abide by the court orders that have been issued, the enduring solution to this dispute shall be to have the application filed on October 31, 2018 seeking the confirmation of the grant to be heard and determined. It is during the hearing of the application that the extent of the deceased’s estate shall be determined, the beneficiaries of the deceased’s estate shall be ascertained and the court will distribute to the respective beneficiaries their share of the estate. It was never the intention of the law that a succession cause that has been filed does linger on in court with the parties bringing all manner of peripheral applications, without confronting the elephant in the room; the sharing of the deceased’s estate to the respective beneficiaries so that they can move on with their lives.
5. That being the case, I direct that all the parties in this case do within 30 days file and serve a response to the respondent’s application of October 31, 2018 to confirm the grant. The respondent shall within 21 days of service file any further affidavit. The application shall be heard orally, in open court, on February 13, 2023.
6. I have given these orders and directions under section 47 of theLaws of Succession Act (cap 160) and rule 73 of the Probate and Administration Rules.
7. Costs shall be in the cause.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 25THDAY OF OCTOBER 2022A.O. MUCHELULEJUDGE