[2024] KEHC 2916 (KLR)
The court found that the interests of justice require allowing the application to sell LR. Kiirua/Kiirua/1347, as the proceeds will be used for the education of the deceased's children and to enable the widow to invest in business for their benefit. The presence of consent from all beneficiaries and the larger...
Source-derived case information.
- Citation
- [2024] KEHC 2916 (KLR)
- Parties
- Applicant: Purity Kendi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 412B of 2013
- Procedural Posture
- Succession Cause / Ruling on Application to Dispose of Property
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Estate Administration, Sale of Estate Property, Child Education Expenses, Widow Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Purity Kendi
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Dispose of Property
Legal Issues
- 1 Whether the applicant should be granted leave to dispose of LR. Kiirua/Kiirua/1347 to pay school fees and invest in business for the benefit of the deceased's children and widow.
- 2 Whether the consent of the beneficiaries and family is sufficient to allow the sale of the estate property.
Ratio Decidendi
The court found that the interests of justice require allowing the application to sell LR. Kiirua/Kiirua/1347, as the proceeds will be used for the education of the deceased's children and to enable the widow to invest in business for their benefit. The presence of consent from all beneficiaries and the larger family, and the absence of any objection, further justified granting the orders sought. The court emphasized the welfare of the children and the widow as paramount in succession matters, and ordered accountability for the proceeds of sale.
Court Disposition
application allowed
Orders
- A vesting order for the sale of LR. Kiirua/Kiirua/1347 is issued to Purity Kendi.
- Purity Kendi shall render and file full accounts of the proceeds of sale.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Joel Muriuki Rutere (Deceased) (Succession Cause 412B of 2013) [2024] KEHC 2916 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2916 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 412B of 2013
TW Cherere, J
March 14, 2024
IN THE MATTER OF THE ESTATE OF JOEL MURIUKI RUTERE (DECEASED)
AND
IN AN APPLICATION TO DISPOSE OFF PROPERTY
In the matter of
Purity Kendi
Applicant
Ruling
1. The estate of the deceased was distributed vide a Certificate of Confirmation dated 14th October, 2014.
2. Purity Kendi (Applicant) is the widow of the decased and mother to Vincent Mwenda and Marklewis Mutethia (minor) in whose joint favour LR. Kiirua/Kiirua/1347 was distributed and transmitted.
3. Applicant seeks leave of court to dispose of the said property to pay fees for the children and to invest in business.
4. Annexed to her affidavits sworn on 28th November, 2023 and 26th February, 2024 are fees structures from Meru School and Kiurani Boys High School.
5. Also filed is a consent signed by the children and the larger family of the deceased who have indicated that they have no objection to the disposal of the asset in issue for the intended purpose.
6. From the foregoing, I find that the interest of justice demand that the application be allowed to allow the children of the deceased to continue with their education and his widow to invest in business for the benefit of herself and the children.
7. Consequently, the summons dated 28th November, 2023 is allowed in the following terms:1. A vesting order for the sale of LR. Kiirua/kiirua/1347 is hereby issued to Purity Kendi2. Purity Kendi shall render and file full accounts of the proceeds of sale3. This cause will be mentioned on 19th September, 2024 to confirm compliance with orders (1 and (2) above
DATED AT MERU THIS 14TH DAY OF MARCH 2024T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Ms. Nakandi for Daniel & Kenneth Advocates LLP