[2020] KEHC 1259 (KLR)
The court found that the administrators' failure to annex the sale agreements to their affidavit rendered it impossible for the court to determine the precise assets available for distribution. As such, the court could not proceed with the distribution of the estate without these documents. In the interest of...
Source-derived case information.
- Citation
- [2020] KEHC 1259 (KLR)
- Parties
- Applicant: Administrators of the Estate of Fredrick Shikuku Mukabana; Respondent: Beneficiaries and Creditors (including buyers of estate assets)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 875 of 2015
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Compliance With Court Directions
- Outcome
- Leave granted to administrators to file fresh affidavits annexing the sale agreements.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Estate Administration, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of Fredrick Shikuku Mukabana
Applicant
Beneficiaries and Creditors (including buyers of estate assets)
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Compliance With Court Directions
Legal Issues
- 1 Whether the administrators have complied with the court's directions to file a comprehensive list of family, children, creditors, and buyers of the estate assets.
- 2 Whether the absence of sale agreements impedes the court's ability to determine the estate available for distribution.
Ratio Decidendi
The court found that the administrators' failure to annex the sale agreements to their affidavit rendered it impossible for the court to determine the precise assets available for distribution. As such, the court could not proceed with the distribution of the estate without these documents. In the interest of justice and to ensure a fair and lawful administration of the estate, the court granted leave to the administrators to file fresh affidavits with the required sale agreements annexed, thereby facilitating a proper determination of the estate's composition and the rights of all interested parties.
Court Disposition
Leave granted to administrators to file fresh affidavits annexing the sale agreements.
Orders
- Administrators to file fresh affidavits annexing the sale agreements referenced in their previous affidavit.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
SUCCESSION CAUSE NO 875 OF 2015
IN THE MATTER OF THE ESTATE OF FREDRICK SHIKUKU MUKABANA, DECEASED
RULING
1. A ruling was delivered herein, on 22nd May 2020, which directed the applicants to file a comprehensive list of the family, the children of the deceased and creditors of the estate, including buyers who had bought assets of the estate from the deceased prior to his demise.
2. The administrators, in compliance with the said directions, filed an affidavit sworn on 23rd July 2020, in which they complied with most of what was required of them. However, in as much as the said affidavit states that the sale agreements in respect of the sales mentioned therein are annexed, the same have not been attached to the affidavit filed in court, and, therefore, the said sale agreements are not part of the court record.
3. Without the said sale agreements it is nigh impossible for the court to make a determination of the exact estate available for distribution amongst the beneficiaries.
4. It is, therefore, in the interest of justice, that I hereby grant leave to administrators to file fresh affidavits, annexing the said sale agreements. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 4TH DAY OF DECEMBER 2020
W MUSYOKA
JUDGE