[2019] KEHC 10648 (KLR)
The court found that the interests of the minor beneficiary remain paramount and that, in accordance with the law, the estate must be administered by two administrators. Since the second administrator has not participated in the application or consented to the proposed mode of distribution, the court cannot proceed...
Source-derived case information.
- Citation
- [2019] KEHC 10648 (KLR)
- Parties
- Applicant: Jacqueline Wambui Gatungu; Respondent: Nahashon Kuria Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1990 of 2015
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Application for Confirmation of Grant and Distribution
- Outcome
- Application deferred pending compliance with court's directive.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession of Estates, Administration of Estates, Interests of Minors
- 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
Jacqueline Wambui Gatungu
Applicant
Nahashon Kuria Mwangi
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Application for Confirmation of Grant and Distribution
Legal Issues
- 1 Whether the interests of the minor beneficiary have been adequately safeguarded in the proposed distribution of the estate.
- 2 Whether the application for confirmation of grant can proceed without the consent and participation of both administrators.
Ratio Decidendi
The court found that the interests of the minor beneficiary remain paramount and that, in accordance with the law, the estate must be administered by two administrators. Since the second administrator has not participated in the application or consented to the proposed mode of distribution, the court cannot proceed to issue final orders. The court directed that consent from the second administrator must be obtained and his presence secured before the matter can proceed to final orders on distribution.
Court Disposition
Application deferred pending compliance with court's directive.
Orders
- Consent to the application and proposed mode of distribution must be obtained from the second administrator.
- The second administrator's presence is required before the court proceeds to issue final orders.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1990 OF 2015
IN THE MATTER OF THE ESTATE OF ISAACK GATUNGU MWANGI (DECEASED)
JACQUELINE WAMBUI GATUNGU...................APPLICANTS
NAHASHON KURIA MWANGI
R U L I N G
1. I have perused the application dated 18th September, 2018, the supporting affidavit of even date and a supplementary affidavit of 30th November 2018 and noted the contents thereof.
2. What is clear is that HW still remains a minor and her interest is of concern to the court. Further in order to safeguard the interest of minor the law require that an estate be administered by two administrators.
3. This estate does have 2 administrators namely Jacquline Wambui Gatungu and Nahashon Kuria Mwangi. Notable is that the second administrator has not featured in the current application.
4. For the interest of the minor the court directs that a consent to the application and mode of distribution as proposed be obtained from the 2nd administrator and his presence be made available before the court proceeds to issue final orders.
5. The matter may be mentioned at a convenient day to allow compliance with (4) above.
DATED, SIGNEDandDELIVEREDat NAIROBI this 17th DAY OF January, 2019.
......................
ALI-ARONI
JUDGE