[2017] KEHC 5947 (KLR)
The court found that the administrators had complied with the orders issued on 18th December 2015, specifically regarding the filing of accounts and the vacation of the premises by Razia Kalamdin Mohamed. The court declined to assess the adequacy of the accounts, leaving it to any dissatisfied beneficiaries to move...
Source-derived case information.
- Citation
- [2017] KEHC 5947 (KLR)
- Parties
- Applicant: Zabina Kalamdin Mohamed; Applicant: Razia Kalamdin Mohamed; Respondent: Mohamed Kalamdin; Respondent: Habiba Kalamdin Mohamed
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 218 of 2007
- Procedural Posture
- Succession Cause / Post Ruling Compliance Review
- Outcome
- orders complied with; matter closed subject to further applications by beneficiaries
- Judges
- DN Musyoka, MW Muigai
- Legal Topics
- Administration of Estates, Distribution of Estate Assets, Compliance With Court Orders
- 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
Zabina Kalamdin Mohamed
Applicant
Razia Kalamdin Mohamed
Applicant
Mohamed Kalamdin
Respondent
Habiba Kalamdin Mohamed
Respondent
Procedural Posture
Succession Cause / Post Ruling Compliance Review
Legal Issues
- 1 Whether the administrators complied with the court orders issued on 18th December 2015 regarding the estate of Habiba Wanjela Kalamdin.
- 2 Whether the sale and distribution of proceeds from Ruiru West/Block 1/1956 was conducted with proper consent and in accordance with the law.
- 3 Whether the administrators provided adequate accounts as required by the court.
Ratio Decidendi
The court found that the administrators had complied with the orders issued on 18th December 2015, specifically regarding the filing of accounts and the vacation of the premises by Razia Kalamdin Mohamed. The court declined to assess the adequacy of the accounts, leaving it to any dissatisfied beneficiaries to move the court for further directions. The court thus confirmed compliance with its previous orders and closed the matter at this stage, subject to any future applications by the beneficiaries.
Court Disposition
orders complied with; matter closed subject to further applications by beneficiaries
Orders
- The court confirms compliance with the orders made on 18th December 2015.
- Administrators have filed the required accounts.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 218 OF 2007
IN THE MATTER OF THE ESTATE OF HABIBA WANJELA KALAMDIN (DECEASED)
RULING
1. On 18th December 2015 I delivered a ruling where I made the following orders:-
(a) That the land registrar responsible for Thika district registry is directed to remove a caution lodged against Ruiru East/Block 1/205;
(b) That Razia Kalamdin Mohamed to vacate the premises No. D13/5 Huruma/Mathare Valley within thirty (30) days from 16th December 2015;
(c) That the police facilitate compliance with (b) above; and
(d) That the administrators to file two separate accounts within thirty (30) days from 16th December 2015 failing which the grant was to stand revoked.
2. The matter was to be mentioned after thirty (30) days for compliance. The matter was mentioned severally thereafter.
3. There has been compliance with the order on accounts with respect to the sale of Ruiru West/Block 1/1956. The administrators swore an affidavit on 14th January 2016, where they explained the circumstances under which Ruiru West/Block 1/1956, a copy of the sale agreement is attached and there is an account of how the sale proceeds were shared out. Habiba Kalamdin Mohamed filed a supplementary affidavit on 27th January 2016 on the same matter.
4. To that account Mohamed Kalamdin swore an account on 3rd March 2016 asserting that Ruiru West/Block 1/1956 was sold without a court order or consent of the parties. He also questions the manner the sale proceeds were distributed. He also raises questions about ICDC and BAT shares.
5. There is also a further affidavit sworn on 11th May 2016 by Zabina Kalamdin Mohamed. She explains that Ruiru West/Block 1/1956 was sold with the consent of all the beneficiaries, including Mohamed Kalamdin. She also explains the principles that guided distribution of the sale proceeds. She also indicates the number of shares in ICDC and BAT.
6. Razia Kalamdin Mohamed swore an affidavit on 18th May 2016. She informs the court that she vacated No. D13/5 Huruma/Mathare Valley as ordered. She also laments that the administrators had failed to file a comprehensive account.
7. I am satisfied that the orders made on 18th December 2015 have been complied with. The administrators have filed accounts. It is not for me to assess whether the same are adequate or not. I shall leave it to the beneficiaries who feel that the same are not adequate to move the court appropriately.
DATED and SIGNED at NAIROBI this 3RD DAY OF MAY, 2017.
W. MUSYOKA
JUDGE
DELIVERED and SIGNED this 5TH DAY OF MAY, 2017.
M. MUIGAI
JUDGE