[2018] KEHC 3790 (KLR)
The court declined to endorse the Objector/2nd Administratix's proposed schedule of distribution because it deviated from the court's previous orders regarding the manner of distribution of the estate. The court emphasized that granting the prayer sought would amount to a review of its former orders, which is not...
Source-derived case information.
- Citation
- [2018] KEHC 3790 (KLR)
- Parties
- Applicant: Jedidah Mathembo Ndunda; Respondent: Rael Mutunge
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 319 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Endorsement of Schedule of Distribution and Appointment of Co Administrator
- Outcome
- Application dismissed.
- Judges
- LN Mutende
- Legal Topics
- Succession, Administration of Estates, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jedidah Mathembo Ndunda
Applicant
Rael Mutunge
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Endorsement of Schedule of Distribution and Appointment of Co Administrator
Legal Issues
- 1 Whether the Objector/2nd Administratix's proposed schedule of distribution should be endorsed by the court.
- 2 Whether the Objector/2nd Administratix should be included as a co-administrator of the estate.
- 3 Whether the orders of the court regarding equal distribution among beneficiaries were complied with.
Ratio Decidendi
The court declined to endorse the Objector/2nd Administratix's proposed schedule of distribution because it deviated from the court's previous orders regarding the manner of distribution of the estate. The court emphasized that granting the prayer sought would amount to a review of its former orders, which is not permissible in the absence of proper grounds for review. Additionally, the court noted that a fresh grant of Letters of Administration had not yet been issued as previously ordered. Therefore, the application was dismissed, and the status quo as per the earlier orders was maintained.
Court Disposition
Application dismissed.
Orders
- The application for endorsement of the proposed schedule of distribution is declined.
- No review or alteration of previous court orders is granted.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
SUCCESSION CAUSE NO. 319 OF 2015
IN THE MATTER OF THE ESTATE OF GIBSON KINUKA NDUNDA (DECEASED)
JEDIDAH MATHEMBO NDUNDA..............PETITIONER/1ST ADMINISTRATOR
VERSUS
RAEL MUTUNGE.............................................OBJECTOR/2ND ADMINISTRATOR
R U L I N G
1. Following an application for Confirmation of Grant herein, I made orders thus:
“43. ..…All children in the matter are now adults. The deceased’s Estate will be divided amongst them equally. Their mothers (Petitioner and Protester) will be added as units of each household. The first household consisting of Eight Members while the second household consists of Six (6) Members.
44. The acreage of each parcel of land having not been provided, the administratix of the Estate is hereby directed to file a schedule of distribution of the Estate in tandem with the order of the court within 60 days for endorsement..…”
2. The order of the Court dated the 16thday of December, 2015was disregarded by the Administratix of the Estate.
3. On the 20th April, 2016the Objector/Protester filed an application pursuant to Rule 49and 73of the Probate and Administration Rulesseeking to be included as an Administrator of the Estate and that the Court to endorse the schedule of distribution that she had come up with. The application was opposed by the Administratix/Petitioner who indicated that she had sought leave of the Court to appeal the decision to the Court of Appeal.
4. In the Ruling dated the 14thday of February, 2017I granted orders thus:
“(i) The Applicant be and is hereby appointed as a Co-Administratix of the Estate of the Respondent herein.
(ii) A fresh grant shall issue to include her name as such.
(iii) Each Administratix shall file a list of beneficiaries, their entitlement and acreage of assets mentioned as forming the Estate of the Deceased for purposes of confirmation of the grant within 60 days…...”
5. On the 16thday of May, 2017,the Objector/2nd Administratix filed an affidavit where she deposed thus:
“2. That pursuant to orders of the court issued on 14th February, 2017, I pray that the deceased’s Estate set out herein below be divided equally among the two (2) households, with each Administrator holding an equal share in all properties in trust for the beneficiaries.”
6. She proceeded to list properties forming the Estate of the Deceased and beneficiaries from her household. Just as aforestated this slightly deviated from the order of the Court. Granting the prayer sought will be tantamount to review of former orders of the Court. I also do note that a fresh grant of Letters of Administration is yet to be issued. In the premises I decline to issue the orders sought.
7. It is so ordered.
Dated, Signedand Deliveredat Kituithis 25thday of September,2018.
L. N. MUTENDE
JUDGE