[2017] KEHC 5668 (KLR)
The administrator complied with the court's order by filing the required accounts within the stipulated period. The order of 18th December 2015 was explicit that the grant would be revoked only upon failure to file accounts, not on the adequacy of those accounts. The applicants, having received the accounts, must...
Source-derived case information.
- Citation
- [2017] KEHC 5668 (KLR)
- Parties
- Respondent: Esther Njeri Kagio; Applicant: First Applicant (unnamed)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 357 of 2011
- Procedural Posture
- Succession Cause / Ruling on Compliance With Order to File Accounts
- Outcome
- No orders made; application for revocation of grant on grounds of inadequate accounts declined.
- Judges
- DN Musyoka
- Legal Topics
- Administration of Estates, Grant Revocation, Accounting by Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Njeri Kagio
Respondent
First Applicant (unnamed)
Applicant
Procedural Posture
Succession Cause / Ruling on Compliance With Order to File Accounts
Legal Issues
- 1 Whether the administrator complied with the court order to file accounts within the stipulated period.
- 2 Whether the grant should be revoked on grounds of alleged inadequacy of the accounts filed.
Ratio Decidendi
The administrator complied with the court's order by filing the required accounts within the stipulated period. The order of 18th December 2015 was explicit that the grant would be revoked only upon failure to file accounts, not on the adequacy of those accounts. The applicants, having received the accounts, must file a formal application if they wish to challenge their adequacy. The court cannot revoke the grant or make further orders in the absence of such a formal application.
Court Disposition
No orders made; application for revocation of grant on grounds of inadequate accounts declined.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 357 OF 2011
IN THE MATTER OF THE ESTATE OF FREDRICK KAGIO KINYUA (DECEASED)
RULING
1. On 18th December 2015 I delivered a ruling where I directed an administrator to file accounts within thirty (30) days, failing which the grant of the administrator was to stand revoked.
2. In compliance with the said order, Esther Njeri Kagio, an administrator swore an affidavit on 15th January 2016, in which she attached a bulky document which she stated contained the accounts sought.
3. In response to that account, the first applicant in the application the subject of the ruling of 18th December 2015 swore an affidavit on 18th March 2016, wherein she challenges the contents of the alleged accounts.
4. The matter was mentioned on 28th November 2016, when Mr. Kimondo for the applicants asked the court to revoke the grant as the accounts rendered were inadequate.
5. The order made on 18th December 2015 was that the grant would be revoked upon failure to file accounts. The administrator did comply by filing accounts. Whether the accounts are adequate or not is not a matter for me to determine at this stage. It is the applicants who moved for the filing of the accounts. They now have the accounts. If they are not happy with them then they ought to move the court appropriately for whatever orders they may please. I cannot make any orders in the absence of a formal application.
DATED, SIGNED and DELIVERED at NAIROBI this 12TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE