[2021] KEHC 13527 (KLR)
The court found that the respondent had failed to comply with the previous order to open a joint account for the proceeds of LR No. 1144/692, and that his continued assertion that the property did not belong to the estate was not a valid reason for non-compliance, as the court had already ruled that the question of...
Source-derived case information.
- Citation
- [2021] KEHC 13527 (KLR)
- Parties
- Applicant: Elisheba Nyambura Wanganga; Applicant: James Kiarie Nyoike; Applicant: Anthony Nyoike Mbute; Applicant: Eutychus Nyoike Mburu; Respondent: Kenneth Kimani Nyoike
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 633 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application to Review Administration Orders
- Outcome
- application allowed in part; orders reviewed; costs to respondent
- Judges
- AO Muchelule
- Legal Topics
- Administration of Estates, Appointment of Administrators, Estate Property Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elisheba Nyambura Wanganga
Applicant
James Kiarie Nyoike
Applicant
Anthony Nyoike Mbute
Applicant
Eutychus Nyoike Mburu
Applicant
Kenneth Kimani Nyoike
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Review Administration Orders
Legal Issues
- 1 Whether the joint administrators have complied with the court order to open a joint account for estate proceeds.
- 2 Whether LR No. 1144/692 forms part of the estate of the deceased.
- 3 Whether the respondent has been uncooperative and in breach of court orders.
Ratio Decidendi
The court found that the respondent had failed to comply with the previous order to open a joint account for the proceeds of LR No. 1144/692, and that his continued assertion that the property did not belong to the estate was not a valid reason for non-compliance, as the court had already ruled that the question of ownership would be determined later. To ensure the estate is properly administered and proceeds are accounted for, the court reviewed its earlier orders to exclude the uncooperative respondent from the mandate to open the joint account. The remaining administrators were directed to open the account and account for the proceeds to the court and beneficiaries. Costs were awarded...
Court Disposition
application allowed in part; orders reviewed; costs to respondent
Orders
- The joint bank account for rent and proceeds of LR No. 1144/692 shall be opened by Geoffrey Nganga Nyoike, James Kiarie Nyoike, and Eutychus Nyoike Mburu.
- The administrators shall account for the money to the court and beneficiaries in due course.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 1633 OF 2009
IN THE MATTER OF THE ESTATE OF EUTYCHUS WANYOIKE NJAU (DECEASED)
ELISHEBA NYAMBURA WANGANGA.......1ST APPLICANT
JAMES KIARIE NYOIKE.............................2ND APPLICANT
ANTHONY NYOIKE MBUTE.....................3RD APPLICANT
EUTYCHUS NYOIKE MBURU..................4TH APPLICANT
-VERSUS-
KENNETH KIMANI NYOIKE......................RESPONDENT
RULING
1. In the ruling dated 19th May 2016 and delivered on 24th May 2016, the court appointed Geoffrey Ng’ang’a Nyoike, James Kiarie Nyoike, Kenneth Kimani Nyoike and Eutychus Nyoike Mburu to be the joint administrators of the estate of the deceased Eutychus Wanyoike Njau. The four were directed to jointly open an account into which the proceeds and/or rent from parcel LR No. 1144/692 would be going.
2. The complaint by Elisheba Nyambura Wanganga (1st applicant), James Kiarie Nyoike (2nd applicant), Anthony Nyoike Mbute (3rd applicant) and Eutychus Nyoike Mburu (4th applicant) in the application dated 24th June 2020 was that so far the joint account has not been opened, and consequently the proceeds and/or rent from LR No. 1144/692 were being wasted. They stated that the respondent Kenneth Kimani Nyoike has been uncooperative. In response, the respondent did not dispute the fact that the account has not been opened. His explanation was that LR No. 1144/692 did not form part of the estate of the deceased, but that it belonged to the estate of Humphrey Njau Nyoike. This was the same position by the respondent during the hearing of the application filed by the applicants on 29th June 2015 which led to the ruling above. In the ruling the court indicated clearly that the question whether or not that parcel of land belonged to the estate of the deceased would be determined at a later stage. The position has not changed. It is clear that the respondent was aggrieved by the orders in the ruling and will not obey them.
3. That being the case, I review the orders in the ruling dated 19th May 2016 and delivered on 24th May 2016 to the extent that the joint bank account into which the rent and other proceeds of LR No. 1144/692 shall go will be opened by Geoffrey Nganga Nyoike, James Kiarie Nyoike and Eutychus Nyoike Mburu. They will in the fullness of time account for the money to court and to the beneficiaries.
4. Costs of the application shall be borne by the respondent.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF NOVEMBER 2021.
A.O. MUCHELULE
JUDGE