[2019] KEHC 3076 (KLR)
The court found that the respondents had rendered accounts which appeared reasonable and that the applicant's accusations of fabrication were not substantiated by evidence. Disputes regarding the acreage and assets of the estate were to be resolved at the distribution stage by reference to title deeds or Ministry of...
Source-derived case information.
- Citation
- [2019] KEHC 3076 (KLR)
- Parties
- Applicant: Michael Kungu Kigia; Respondent: Joseph Karuga Kigia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1073 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Accounts by Beneficiary
- Outcome
- Application for accounts dismissed; directions given for confirmation of grant.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Estate Administration, Accounts of Executors, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kungu Kigia
Applicant
Joseph Karuga Kigia
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Accounts by Beneficiary
Legal Issues
- 1 Whether the respondents have properly accounted for the income generated from the estate's tea estate from October 2000 to 2018.
- 2 Whether the applicant's allegations of fabricated accounts and disinheritance of daughters are substantiated.
- 3 How disputes regarding the acreage and assets of the estate should be resolved.
Ratio Decidendi
The court found that the respondents had rendered accounts which appeared reasonable and that the applicant's accusations of fabrication were not substantiated by evidence. Disputes regarding the acreage and assets of the estate were to be resolved at the distribution stage by reference to title deeds or Ministry of Lands records. The court directed that the pending application for confirmation of grant be set down for hearing and served on all beneficiaries, with protests to be filed within 14 days of service.
Court Disposition
Application for accounts dismissed; directions given for confirmation of grant.
Orders
- The pending application for confirmation of grant dated 31st October, 2018 to be set down for hearing and served upon all beneficiaries.
- Protests, if any, to be filed within 14 days of receipt of the application for confirmation of grant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1073 OF 2001
IN THEMATTER OF THE ESTATE OF JORAM KIGIA (DECEASED)
MICHAEL KUNGU KIGIA...........................................PROTESTOR
R U L I N G
1. The application before court is by a beneficiary Michael Kungu Kigia dated 4th November, 2017 which seeks to have the Executor and 4 others, who he claims to have been in charge of a 5 acre land which he refers to as the Tea Estate comprising part of the estate, account for income from October, 2000 to 2018.
2. The application is based on allegations that those named failing to account and disinheriting daughters of the deceased.
3. Further the application is supported by the affidavit of the Applicant dated 4th March 2018 where he states inter alia that the amounts earned from the estate for 18 years amount to 17 million shillings and which he seeks to have deposited in court.
4. The application was opposed vide a replying affidavit of Joseph Karuga Kigia on behalf of the other 4 Respondents, where he denies knowledge of property Gatamaiyu/Nyandarua/192 alleged by the applicant to have been purchased by one Wanjiru Karuga. He further stated that their father left 1¼ acres of land with 4,200 tea bushes and 2 rooms let at Kshs.500 and 600 respectively. He states further that in a family meeting of 28th October 2000, in the presence of the applicant, the family appointed him chairman and administrator of their father’s estate. That they have had permanent employees on a salary and at end of year meetings held since, any surplus monies would be divided to the widows in equal shares, and after the demise of the widows the last born children of the two houses receive on behalf of their siblings and share equally including the Applicant. Further the gross income is about Kshs.200,000 or thereabout.
5. An audited account was produced by the Respondents in court which the Applicant dismissed as lies.
6. Having heard supporting affidavits between the parties and submissions made I note that there were several issues raised regarding the assets of the deceased further an issue arose on acreage of land, this in my view will have to be considered at distribution and indeed by reference to the title deeds and where none exist from records in the Ministry of Lands.
7. On the issue of accounts I am satisfied that the respondent has rendered accounts which appear reasonable. The accusation by the Applicant that the same are fabricated was not substantiated or supported by evidence.
8. Consequently, I direct that this being a fairly old matter, the pending application for confirmation of grant dated 31st October, 2018 be set down for hearing and served upon all beneficiaries. Protests if any may be filed 14 days upon receipt of the same.
9. Costs in the cause.
Dated and Delivered in Nairobi on this 24th day of October, 2019.
........................
ALI-ARONI
JUDGE