[2011] KEHC 2435 (KLR)
The court found that the Administrator had failed to comply with the terms of the consent order, particularly by not availing the required funds to open a joint bank account and by failing to facilitate the completion of property sales as agreed. The Administrator's conduct was deemed obstructive and contrary to the...
Source-derived case information.
- Citation
- [2011] KEHC 2435 (KLR)
- Parties
- MISSING: Grace Wanjiru Ngugi (Deceased); Respondent: Administrator (unnamed); Applicant: Applicants (unnamed beneficiaries)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 41 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application to Enforce Consent and Remove Administrator
- Outcome
- Application allowed; prayers (b), (c), (d), (e), and (g) granted; Administrator removed; directions on sale proceeds and funds held by advocates issued.
- Judges
- AI Tullu
- Legal Topics
- Administration of Estates, Removal of Administrator, Consent Orders, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Grace Wanjiru Ngugi (Deceased)
MISSING
Administrator (unnamed)
Respondent
Applicants (unnamed beneficiaries)
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Enforce Consent and Remove Administrator
Legal Issues
- 1 Whether the Administrator has breached the terms of the consent order and failed in his duties as administrator.
- 2 Whether the applicants are entitled to the orders sought, including removal of the Administrator and directions on the sale proceeds.
Ratio Decidendi
The court found that the Administrator had failed to comply with the terms of the consent order, particularly by not availing the required funds to open a joint bank account and by failing to facilitate the completion of property sales as agreed. The Administrator's conduct was deemed obstructive and contrary to the interests of the beneficiaries. The court held that the applicants were entitled to the orders sought, including the removal of the Administrator and directions regarding the handling of sale proceeds. The court further directed that any monies held by the Administrator's advocates should not be released to him and should be held to the order of the court pending further...
Court Disposition
Application allowed; prayers (b), (c), (d), (e), and (g) granted; Administrator removed; directions on sale proceeds and funds held by advocates issued.
Orders
- Prayers (b), (c), (d), (e), and (g) of the application are granted.
- Buyers who may be innocent are allowed to complete the sales, but the balance purchase price must be paid through M/s Mereka & Co. Advocates.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
SUCCESSION CAUSE NO. 41 OF 2006
ESTATE OF GRACE WANJIRU NGUGI
R U L I N G
The parties in this succession cause recorded consent on 5. 11. 2010. The terms and conditions are contained herein.
Upon consideration of the application dated 2nd February, 2011, I am satisfied that the Administrator herein is not committed to carrying out the duties as administrator and he is in breach of the terms of the Consent. I do find that it is not possible to open a joint bank account without any funds being availed. The firm of Wambugu Motende & Co. Advocates did not avail the 10% by way of banker’s cheque or other transmission to facilitate the opening of the Bank account.
I am satisfied that the applicants are entitled to the orders sought herein. I am doubtful that the Administrator is now entitled to continue holding the position of the Administrator and holding everyone to ransom by his conduct. This court shall not allow that to happen.
The price of the properties was incorporated in the consent order and the Agreements were validated and verified by the court orders herein. The Administrator could only bring in the issue a new price/value by applying to court to set aside the consent order which was now clearly subject to the interest of third parties.
In the light of this, I do hereby grant prayers (b) with the alternative that the buyers thereof who may be innocent be allowed to complete the sales but the balance purchase price be paid through M/s Mereka & Co. Advocates.
Any monies held by Wambugu & Motende Advocates shall not be released to the Administrator by the said firm and shall be held to the orders of this court pending further orders.
I do grant prayer (c), (d) (e) and (g) of the application.
Liberty is given to the Beneficiaries to apply further if the need arise.
Dated and delivered this 11th March 2011
M. K. IBRAHIM
JUDGE