[2019] KEHC 11289 (KLR)
The court found that Sixtus Ndung’u Maina, though of sound mind, was unwilling to participate in the collection or management of his share of the estate and had not disclosed his full position to the court. Given these circumstances, the court declined to grant the application for immediate distribution as sought....
Source-derived case information.
- Citation
- [2019] KEHC 11289 (KLR)
- Parties
- Applicant: Sixtus Ndung’u Maina; Respondent: Administrators of the Estate of Francis Irungu Maina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2611 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Distribution of Estate
- Outcome
- application dismissed; administrators to hold share in trust for beneficiary
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Estate Distribution, Trusteeship, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sixtus Ndung’u Maina
Applicant
Administrators of the Estate of Francis Irungu Maina
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Distribution of Estate
Legal Issues
- 1 Whether the application dated 8th February, 2018 for distribution of the estate should be granted.
- 2 Whether the administrators should hold the share due to Sixtus Ndung’u Maina in trust until he or his representatives are able to collect it.
Ratio Decidendi
The court found that Sixtus Ndung’u Maina, though of sound mind, was unwilling to participate in the collection or management of his share of the estate and had not disclosed his full position to the court. Given these circumstances, the court declined to grant the application for immediate distribution as sought. Instead, the court directed the administrators to hold the properties and/or income due to Sixtus Ndung’u Maina in trust until such a time as he or his representatives are able to collect or take charge of the same. This approach ensures the protection of the beneficiary's interests while allowing the administration of the estate to proceed for the other beneficiaries.
Court Disposition
application dismissed; administrators to hold share in trust for beneficiary
Orders
- The application dated 8th February, 2018 is dismissed.
- The administrators are directed to hold properties and/or income due to Sixtus Ndung’u Maina in trust until he or his representatives and/or administrators are in a position to collect and/or take charge of the same.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSON CAUSE NO. 2611 OF 2013
IN THE MATTER OF THE ESTATE OF FRANCIS IRUNGU MAINA (DECEASED)
R U L I N G
1. By a ruling dated 20th December, 2018 this court directed the areaChief of the locality of the parties to appear before court and shade more light to the pending issue.
2. On the 19th of February 2019 Senior Chief of Makena DivisionMbere South sub-county one Charles Muriuki appeared before court and informed the court that he is known to the parties and was conversant with the issues before court. As regards Sixtus Ndung’u one of the beneficiaries, he was of the view that the said person was aware of the matter before court and the distribution of his brother’s estate but he is of a different opinion as to how the estate should have been dealt with, though he declines to disclose his names. He further described the beneficiary as a person of sound mind but stubborn.
3. Having considered the applicaiton and the surroundingcircumstances I am inclined not to grant the application dated 8thFebruary, 2018. The same is dismissed.
4. The administrators herein are consequently directed to holdproperties and/or income due to sixtus Ndungu Maina in trust untilsuch a time when he or his representatives and/or administrators(s) will be in a position to collect and/or take charge of the same.
Dated, signed and Delivered in Nairobi this 9th day of May 2019.
......................
ALI-ARONI
JUDGE