[2022] KEHC 13472 (KLR)
The court found that the administrator had failed, without excuse, to transmit the estate to the beneficiaries as required by law, despite the grant having been confirmed and a certificate of confirmation issued nearly two decades prior. The delay was unjustified and contrary to the administrator's statutory duties....
Source-derived case information.
- Citation
- [2022] KEHC 13472 (KLR)
- Parties
- Applicant: Bukolwe Secondary School; Respondent: Livingstone Masai Aliaro
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 145 of 1993
- Procedural Posture
- Succession Cause / Ruling on Amended Motion to Compel Administrator and for Injunctive Relief
- Outcome
- motion granted as prayed
- Judges
- WM Musyoka
- Legal Topics
- Probate and Administration, Confirmation of Grant, Transmission of Estate, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bukolwe Secondary School
Applicant
Livingstone Masai Aliaro
Respondent
Procedural Posture
Succession Cause / Ruling on Amended Motion to Compel Administrator and for Injunctive Relief
Legal Issues
- 1 Whether the administrator should be compelled to sign documents to facilitate transmission of the share due to Bukolwe Secondary School as per the certificate of confirmed grant.
- 2 Whether injunctive relief should issue to restrain the administrator from interfering with the share due to the school.
Ratio Decidendi
The court found that the administrator had failed, without excuse, to transmit the estate to the beneficiaries as required by law, despite the grant having been confirmed and a certificate of confirmation issued nearly two decades prior. The delay was unjustified and contrary to the administrator's statutory duties. The court held that the applicant was entitled to the orders sought, including compelling the administrator to sign the necessary documents for transmission of the 1 acre due to Bukolwe Secondary School and granting injunctive relief to prevent interference with the school's share. The court further directed that, in the event of continued non-compliance, the deputy registrar...
Court Disposition
motion granted as prayed
Orders
- The deputy registrar shall sign the forms necessary to facilitate transmission of the share due to Bukolwe Secondary School as per the certificate of confirmed grant.
- An injunction is issued restraining the administrator from interfering with the share due to Bukolwe Secondary School pending transmission.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Ismael Aliaro Mbetu Akama (Deceased) (Succession Cause 145 of 1993) [2022] KEHC 13472 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13472 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 145 of 1993
WM Musyoka, J
September 23, 2022
Ruling
1. The motion for determination is dated May 17, 2021, as amended on June 30, 2021. It seeks orders to compel the administrator to sign documents to facilitate transmission of the share due to Bukolwe secondary school as per the certificate of confirmed grant, and for injunctive relief to stop interference by the administrator with the share due to the school.
2. The grant herein was confirmed on July 21, 2003. A certificate of confirmation of grant issued on July 28, 2003. Bukolwe secondary school was allocated 1 acre out of Marama/Shinamwenyuli/70.
3. It is now over 19 years since the grant herein was confirmed on July 21, 2003. There can be no excuse at all for failure to have the estate transmitted to the beneficiaries named in the certificate of confirmation of grant.
4. There is merit in the motion, dated May 17, 2021, as amended on June 30, 2021. I hereby grant it as prayed. Let the deputy registrar sign the forms as prayed, and let the injunctions sought issue pending transmission of the share due to the school.
5. For the record, this is one of the matters that I inherited from F. Amin J on June 16, 2022. It was due for ruling on February 7, 2022.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23rd DAY OF September 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. K. Wangatia, Advocate for the applicant.Livingstone Masai Aliaro, the administrator, in person.