[2018] KEHC 9878 (KLR)
The court found that David Parpoika Ole Kiparki, as administrator, failed to respond to the allegations of non-cooperation and delay in administration. In the absence of any rebuttal and in view of the incomplete distribution of the estate, the court determined that his removal as administrator was warranted to...
Source-derived case information.
- Citation
- [2018] KEHC 9878 (KLR)
- Parties
- Applicant: Mary Parpoika; Respondent: David Parpoika Ole Kiparki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1013 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Removal of Administrator
- Outcome
- application allowed
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Administration of Estates, Removal of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Parpoika
Applicant
David Parpoika Ole Kiparki
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Removal of Administrator
Legal Issues
- 1 Whether David Parpoika Ole Kiparki should be removed as administrator of the estate.
- 2 Whether the applicant should be appointed as administrator in place of the respondent.
- 3 Whether the administrators should be compelled to complete subdivision and transfers to beneficiaries within sixty days and file full accounts.
Ratio Decidendi
The court found that David Parpoika Ole Kiparki, as administrator, failed to respond to the allegations of non-cooperation and delay in administration. In the absence of any rebuttal and in view of the incomplete distribution of the estate, the court determined that his removal as administrator was warranted to facilitate the conclusion of the administration. The applicant, Mary Parpoika, was appointed in his place to administer and conclude the distribution of the estate together with Ntisee Parpoika Ole Kiparki. The grant of confirmation was ordered to be amended accordingly.
Court Disposition
application allowed
Orders
- David Parpoika Ole Kiparki is removed as administrator of the estate.
- Mary Parpoika is appointed as administrator in place of David Parpoika Ole Kiparki to administer and conclude distribution of the estate together with Ntisee Parpoika Ole Kiparki.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1013 OF 2012
IN THE MATTER OF THE ESTATE OF DAVID PARPOIKA OLE KIPARKI
MARY PARPOIKA ………………………………………………………………..APPLICANT
R U L I N G
1. Before court is an application dated 17th March, 2016 by Mary Parpoikaa beneficiary of the estate subject matter. The application seeks to have David Parpoika Ole Kiparki one of the administrators removed and replaced by the Applicant or in the alternative for the court to order the administrators to complete subdivision and transfers to the beneficiaries in sixty days and for full accounts to be filed.
2. The application is based on the grounds that the grant herein was issued on the 27th of September, 2012 and confirmed in the presence of all beneficiaries on the 30th of June, 2014 and it is yet to take effect as David Parpoika Ole Kiparki has failed and/or refused to cooperate with his co-administrator to complete the exercise of administration.
3. Despite service of the application upon counsel for the said David Parpoika Ole Kiparki no response was filed. The counsel though present in court did not submit for what he said was lack of instructions.
4. Since the said administrator failed to negate the allegations levelled against him and in view of the fact that distribution remains incomplete, I will remove him as an administrator and in his place, Mary Parpoika is appointed to administer and conclude distribution of the estate together with Ntisee Parpoika Ole Kiparki. The grant of confirmation be amended accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 29th DAY OF November, 2018.
…………………………………….
ALI-ARONI
JUDGE