[2019] KEHC 11293 (KLR)
The court found that there was a prima facie case for further inquiry into the applicant's claim as a creditor of the estate, given the absence of any response or explanation from the administrators regarding the non-payment. The court noted that the law firm accounts were listed as assets and that the Law Society...
Source-derived case information.
- Citation
- [2019] KEHC 11293 (KLR)
- Parties
- Applicant: James Njoroge Githinji; Respondent: Elizabeth Akinyi Ochola; Respondent: George Bwonyere Akoto
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2963 of 2015
- Procedural Posture
- Succession Cause / Interlocutory Application for Revocation of Grant; Ruling on Directions
- Outcome
- Ruling deferred; parties summoned for further inquiry.
- Judges
- A Ali-Aroni
- Legal Topics
- Revocation of Grant, Administration of Estates, Creditor Claims, Letters Ad Colligenda Bona
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Njoroge Githinji
Applicant
Elizabeth Akinyi Ochola
Respondent
George Bwonyere Akoto
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Revocation of Grant; Ruling on Directions
Legal Issues
- 1 Whether the grant issued and confirmed in respect of the estate of Geoffrey Oriaro should be revoked due to non-payment of a creditor.
- 2 Whether the administrators failed in their duty to account for and settle the applicant's claim as a creditor of the estate.
- 3 Whether the process of winding up the deceased's law firm included proper settlement of outstanding liabilities.
Ratio Decidendi
The court found that there was a prima facie case for further inquiry into the applicant's claim as a creditor of the estate, given the absence of any response or explanation from the administrators regarding the non-payment. The court noted that the law firm accounts were listed as assets and that the Law Society of Kenya had appointed Akoto & Akoto Advocates to wind up the deceased's law firm, which should have included settling outstanding liabilities. However, due to lack of documentary evidence and the non-appearance of the administrators, the court deferred its ruling on the application for revocation of grant and summoned the relevant parties to appear and explain the circumstances...
Court Disposition
Ruling deferred; parties summoned for further inquiry.
Orders
- George Bwonyere Akoto, Elizabeth Akinyi Ochola, and Gerald Latemo Oriaro are to be personally served and summoned to appear before court at the next hearing.
- Deputy Registrar of the Family Division is directed to avail file number 2759 of 2015 at the next hearing.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 2963 OF 2015
IN THE MATTER OF THE ESTATE OF GEOFFREY ORIARO
JAMES NJOROGE GITHINJI.....................INTERESTED PARTY
R U L I N G
1. Before court is application seeking for revocation of grant that was issued on the 16th of March 2016 and confirmed on the 1st of November 2017.
2. From the record the deceased Geoffrey Oriaro was an advocate and James Njoroge Githinji his client in a transaction involving sale of property L.R. No. 209/85445/12. The Applicant’s claim is that the advocate received proceeds of sale but at the time of his death had not released the same to him.
3. The Applicant further claims that prior to filing of this petition, the widow of the deceased one Elizabeth Akinyi Ochola and a lawyer George Bwonyere Akoto filed for letters ad colligenda bona in succession cause No. 2759 of 2015. M/s Akoto & Akoto Advocates had been appointed by the Law Society of Kenya to wind up the law firm of the deceased which excise would have included paying up any creditors, such as the Applicant.
4. It is to be noted this court was not availed of any documents to support the information in 3 above.
5. That notwithstanding it is unfortunate that despite service of process neither Akoto & Akoto Advocates nor the widow appeared in court to explain why the Applicant was not paid as the initial petition did indeed indicate accounts in the names of the deceased law firm as part of assets.
6. In a bid to resolve this matter and to appreciate the circumstance surrounding non-payment, I will defer my ruling on the application and summon the following people to court:
a) George Bwonyere Akoto
b) Elizabeth Akinyi Ochola, and
c) Gerald Latemo Oriaro.
7. The summons will be effected upon them personally to appear before court at the next hearing of the matter.
8. Further Deputy Registrar of the Family Division is hereby directed to avail file number 2759 of 2015 at the next hearing of the matter.
DATED, SIGNED and DELIVERED at NAIROBI this 16th DAY OF May, 2019.
.........................
ALI-ARONI
JUDGE