[2015] KEHC 2019 (KLR)
The court found that, notwithstanding the pending determination of the applicants' locus standi in the substantive revocation application, the interests of justice require the preservation of the estate asset, Dagoretti/Waithaka/264. If the property were to be sold or transferred before the revocation application is...
Source-derived case information.
- Citation
- [2015] KEHC 2019 (KLR)
- Parties
- Applicant: Robinson Njenga Gathere; Applicant: Caroline Wanjiru Gathere; Applicant: Livingstone Kibui Gathere; Applicant: Kimani Gathere Mwangi; Respondent: Public Trustee
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2916 of 2003
- Procedural Posture
- Succession Cause / Interlocutory Application for Preservation Orders Pending Revocation Hearing
- Outcome
- Application for preservation orders allowed.
- Judges
- DN Musyoka
- Legal Topics
- Grant Revocation, Locus Standii, Estate Administration, Preservation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Njenga Gathere
Applicant
Caroline Wanjiru Gathere
Applicant
Livingstone Kibui Gathere
Applicant
Kimani Gathere Mwangi
Applicant
Public Trustee
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Preservation Orders Pending Revocation Hearing
Legal Issues
- 1 Whether the applicants have locus standi to seek preservation orders over the estate property pending determination of the revocation application.
- 2 Whether preservation of Dagoretti/Waithaka/264 is warranted to prevent the estate asset from being disposed of before the revocation application is heard.
Ratio Decidendi
The court found that, notwithstanding the pending determination of the applicants' locus standi in the substantive revocation application, the interests of justice require the preservation of the estate asset, Dagoretti/Waithaka/264. If the property were to be sold or transferred before the revocation application is heard, the applicants' claim would be rendered futile. Therefore, the court granted the preservation orders to maintain the status quo until the revocation application is determined, ensuring that the subject matter of the dispute remains intact for proper adjudication.
Court Disposition
Application for preservation orders allowed.
Orders
- Dagoretti/Waithaka/264 shall not be sold or transferred pending the hearing and final disposal of the application dated 29th March 2012.
- Status quo to be maintained until final disposal of the application dated 29th March 2012.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 2916 OF 2003
IN THE MATTER OF THE ESTATE OF DANSON MIRURU KINYANJUI (DECEASED)
RULING
1. There is on record a Summons dated 29th March 2012 by Robinson Njenga Gathere, Caroline Wanjiru Gathere, Livingstone Kibui Gathere and Kimani Gathere Mwangi seeking revocation of the grant made herein on 4th December 2003 to the Public Trustee. They claim to be grandchildren of the deceased, who the administrators have left out in the administration of the estate.
2. The Motion dated 8th April 2014 is by the same applicants against the same respondents. They seek that the respondents be stopped from dealing with Dagoretti/Waithaka/264 pending hearing and determination of the application for the revocation of the grant.
3. The Public Trustee responded to the application vide the affidavit sworn on 15th May 2012 by Mary Njoki Njuya, Senior Deputy Public Trustee. She states that the applicants have no locus to seek the orders sought for they do not have letters of administration intestate to the estate of their deceased mother.
4. I note that the revocation application is still pending. Whether or not there is legal standing on the part of the applicants to mount the application is a matter for determination in the said application. The applicants stake a claim to Dagoretti/Waithaka/264. If that asset ceases to exist before the application of 29th November 2012 is heard and determined, then their efforts would have been in vain.
5. Justice of the situation would require them that I order preservation of Dagoretti/Waithaka/264 pending hearing and determination of the application dated 29th November 2012.
6. Consequently, I do hereby allow the application dated 8th April 2014 in the following terms:-
a. That Dagoretti/Waithaka/264 shall not be sold or transferred pending the hearing and final disposal of the application dated 29th March 2012;
b. That status quo to be maintained until final disposal of the application dated 29th March 2012; and
c. That the application dated 29th March 2012 to be heard on a date to be given at the registry on priority.
DATED, SIGNED and DELIVERED at NAIROBI this 2ND DAY OF OCTOBER, 2015.
W. MUSYOKA
JUDGE