[2015] KEHC 1410 (KLR)
The court determined that, due to the inability of the families to agree on a suitable manager for the New Miyako Hotel, Eldoret, it was necessary to appoint an independent manager to safeguard the interests of the estate. After reviewing the qualifications and experience of the proposed candidates, the court found...
Source-derived case information.
- Citation
- [2015] KEHC 1410 (KLR)
- Parties
- Applicant: Family of Geoffrey Kamau Ng’ang’a (Deceased); Respondent: Other interested families (unspecified)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 118 of 2015
- Procedural Posture
- Succession Cause / Ruling on Appointment of Independent Manager for Estate Business
- Outcome
- Application for appointment of manager allowed; John Macharia Githiga appointed as manager, with Winstone Mramba Mweni as alternate.
- Judges
- DN Musyoka
- Legal Topics
- Estate Administration, Appointment of Manager, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Family of Geoffrey Kamau Ng’ang’a (Deceased)
Applicant
Other interested families (unspecified)
Respondent
Procedural Posture
Succession Cause / Ruling on Appointment of Independent Manager for Estate Business
Legal Issues
- 1 Who should be appointed as the independent manager of the New Miyako Hotel, Eldoret, pending administration of the deceased's estate.
- 2 What reporting and accountability obligations should be imposed on the appointed manager.
Ratio Decidendi
The court determined that, due to the inability of the families to agree on a suitable manager for the New Miyako Hotel, Eldoret, it was necessary to appoint an independent manager to safeguard the interests of the estate. After reviewing the qualifications and experience of the proposed candidates, the court found John Macharia Githiga to be the most suitable, with Winstone Mramba Mweni as an alternate. The court further held that the appointed manager must provide a full inventory and periodic accounts to ensure proper management and accountability of the estate business, pending the formal grant of representation and administration of the estate.
Court Disposition
Application for appointment of manager allowed; John Macharia Githiga appointed as manager, with Winstone Mramba Mweni as alternate.
Orders
- John Macharia Githiga is appointed as manager of New Miyako Hotel, Eldoret, effective immediately.
- If John Macharia Githiga is unable to take up the appointment, Winstone Mramba Mweni shall be appointed in his place.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 118 OF 2015
IN THE MATTER OF: THE ESTATE OF GEOFFREY KAMAU NG’ANG’A(DECEASED)
RULING
On 1st October 2015 the parties hereto recorded a consent to the effect that the business known as New Miyako Hotel, Eldoret, be subjected to independent management, with the managers being appointed in consultation with the three (3) families.
The parties were unable to agree on appointment of the manager, and on 22nd October 2015 asked the court to appoint the manager.
It was directed that they propose several names to the court for the court’s consideration. The court was on 5th November handed the curricula vitae of several persons, being-
John Macharia Githiga
P.O. Box 54,
NORTH KINANGOP
Winstone Mramba Mweni
P.O. Box 623
WATAMU
(c) Miriti K. Maureen
P.O. Box 1228
MERU
Felix Mumba
flixx4U@yahoo.com
Anthony Mutuku Mwikuyu
P.O. Box 50
MWALA
Elijah Mbugua
P.O. Box 3569-30200
KITALE
Wilfred O. Anyona
P.O. Box 75114-00200
NAIROBI
I have carefully gone through the curricula vitae together with copies of the certificates and the testimonials attached. I have noted that only a few of the persons named above ever held the position of manager in a similar establishment. I noted that some of them indicated that they did hold the position of manager but provided no proof thereof.
After due consideration of all the facts and circumstances, I have formed the view that the persons suitable for appointment, in order of priority, to be the persons listed as (a) and (b) in paragraph 3 above.
Consequently, I do hereby appoint John Macharia Githiga as manager of the business known as New Miyako Hotel, Eldoret. In the event the said John Macharia Githiga shall be unable to take up the appointment, then his place shall be taken by Winstone Mramba Mweni. The appointment shall take effect immediately from the date of this ruling.
As this is an appointment made by the court in respect of estate properties, the said manager shall prepare and placed before the court a full inventory of the assets and liabilities of the said business and a proper account of his management of the said business, in terms of the income and expenditure and loss and profit accounts of the business. The said inventory and accounts shall be filed at the end of every six (6) months from the date of this ruling, until further orders of the court.
In the meantime the family of the deceased shall move with due dispatch to cause the filing of a cause for representation to and administration of the estate of the deceased.
There shall be liberty to apply.
DATED, SIGNED and DELIVERED at NAIROBI this 6TH DAY OF NOVEMBER, 2015.
W. MUSYOKA
JUDGE