[2020] KEHC 10197 (KLR)
The court found that the administrators had failed to comply with previous orders to subdivide and distribute the estate assets, despite the grant having been confirmed in 2017 and clear directives issued in 2019. The applicant's request for an account of sale proceeds and for a government surveyor to undertake the...
Source-derived case information.
- Citation
- [2020] KEHC 10197 (KLR)
- Parties
- Applicant: Lucy Njeri Mugwere
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1541 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Accounts and Survey Orders
- Outcome
- Application allowed; prayers 2 and 3 of the application granted with costs to the applicant.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession Estate Administration, Distribution of Estate, Grant Confirmation, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Njeri Mugwere
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Accounts and Survey Orders
Legal Issues
- 1 Whether the applicant is entitled to a true account of the proceeds of sale for L.R. No. 32/325.
- 2 Whether the court should order the District Surveyor to undertake the survey of Title No. Ngong/Ngong/2078.
- 3 Whether the administrators have complied with previous court orders regarding subdivision and distribution of the estate.
Ratio Decidendi
The court found that the administrators had failed to comply with previous orders to subdivide and distribute the estate assets, despite the grant having been confirmed in 2017 and clear directives issued in 2019. The applicant's request for an account of sale proceeds and for a government surveyor to undertake the survey was deemed reasonable and necessary to bring closure to the matter. In the absence of any opposition, the court granted the substantive prayers sought in the application, emphasizing the need for compliance with court orders and timely distribution of the estate to enable beneficiaries to manage their affairs.
Court Disposition
Application allowed; prayers 2 and 3 of the application granted with costs to the applicant.
Orders
- A true account of the proceeds of sale for L.R. No. 32/325 to be provided.
- The District Surveyor, Kajiado North District, to undertake the survey of Title No. Ngong/Ngong/2078.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1541 OF 2014
IN THE MATTER OF THE ESTATE OF GODWIN PERMINAHS MUGWERE(DECEASED)
LUCY NJERI MUGWERE...........................APPLICANT
R U L I N G
1. The application dated 25th February, 2020 seeks for 2 substantive orders: -
- A true account of the proceeds of sale for L.R. No. 32/325.
- That the court do order the District Surveyor, Kajiado North District to undertake the survey of Title No. Ngong/Ngong/2078.
2. The applicant’s concern is that though she is a co-administrator she has been kept in the dark by the Law from that represented the estate in the sale, secondly the said law first has failed to comply with court’s directive to have the properties subdivided and distributed within 90 days from the date of the said order.
3. As it were court orders are not issued in vain. The order being referred to by the applicant was issued in the presence of all parties on the 1st of August, 2019. The matter should have been concluded by end of October, 2019.
4. A further order was issued on 23rd October, 2019 including the involvement of a government surveyor since parties could not agree on a joint surveyor.
5. It appears that since January 2020 when the court issued the last order there has been no progress which necessitated the current application which to-date stands unopposed.
6. It is not lost to court that the grant herein was confirmed on 3rd of October, 2017 and the administrators ought by now to have distributed the assets.
7. Clearly the beneficiaries are entangled in a tussle in the management of the estate and it is time that distribution was done to enable each one of them manage their affairs.
8. I find the prayers reasonable and necessary and I therefore order to bring a closure to the matter and in the absence of any opposition prayers 2 & 3 of the application are hereby granted with costs to the applicant.
DATED, SIGNEDandDELIVEREDat NAIROBI this 15TH DAY OF OCTOBER, 2020.
…………………………………….
ALI-ARONI
JUDGE