[2017] KEHC 6128 (KLR)
The court found that the respondents, despite being served, failed to provide any explanation or response for their refusal to sign the consent forms necessary for confirmation of grant. Given the protracted delay since 1999 and the need for finality in succession matters, the court held that the process cannot be...
Source-derived case information.
- Citation
- [2017] KEHC 6128 (KLR)
- Parties
- Applicant: Daudi Ngure Chege; Applicant: Anthony Maina Mburu; Respondent: Mary Njeri; Respondent: Purity Wangui Waithira; Respondent: Peter Kinuthia Mburu; Respondent: David Ngure; Respondent: Fredrick Chege
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1775 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application to Compel Respondents to Sign Consent Forms for Confirmation of Grant
- Outcome
- Application allowed. Respondents to be served with application for confirmation and proposed distribution list for their signatures/consent. In default, court to confirm grant as proposed by administrators.
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estates, Consent to Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daudi Ngure Chege
Applicant
Anthony Maina Mburu
Applicant
Mary Njeri
Respondent
Purity Wangui Waithira
Respondent
Peter Kinuthia Mburu
Respondent
David Ngure
Respondent
Fredrick Chege
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Compel Respondents to Sign Consent Forms for Confirmation of Grant
Legal Issues
- 1 Whether the court should compel the respondents to sign consent forms for confirmation of grant and distribution of the estate.
- 2 Whether the administrators can proceed with confirmation of grant in the absence of consent from some beneficiaries.
Ratio Decidendi
The court found that the respondents, despite being served, failed to provide any explanation or response for their refusal to sign the consent forms necessary for confirmation of grant. Given the protracted delay since 1999 and the need for finality in succession matters, the court held that the process cannot be held at ransom by non-cooperating beneficiaries. The court therefore ordered that the respondents be served with the application for confirmation and the proposed distribution list for their signatures or consent, and in default, the court would proceed to confirm the grant as proposed by the administrators, regardless of the respondents' absence or lack of consent.
Court Disposition
Application allowed. Respondents to be served with application for confirmation and proposed distribution list for their signatures/consent. In default, court to confirm grant as proposed by administrators.
Orders
- Respondents to be served with the application for confirmation and proposed distribution list for their signatures/consent.
- In default of signing or consenting, the court shall proceed to confirm the grant as proposed by the administrators.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1775 OF 1999
IN THE MATTER OF THE ESTATE OF JOSEPHINE MWIHAKI NGURE (DECEASED)
RULING
The applicants herein, Daudi Ngure Chege and Anthony Maina Mburu are joint administrators of the estate of their late mother Josephine Mwihaki Ngure who died intestate. A grant of letters of administration intestate was issued to the joint administrators on the 4th November, 1999. Since then the same has not been confirmed due to family misunderstandings amongst the siblings.
The late Josephine died intestate leaving Daudi Ngure Chege (son) Purity Wangui Waithira (daughter), Anthony Maina Mburu (son), Jane Wambui (daughter) Peter Kinuthia Mburu (son), Joel Mucheru (son) and Lucy Wanjiku (daughter) as survivors. That despite every effort by the administrators to have their siblings sign the consent forms before confirmation, they have refused and or refused to cooperate.
Consequently, the applicants through their Notice of Motion application dated 8/3/2010 decided to seek for court’s intervention. The applicants therefore sought for orders compelling Mary Njeri, Purity Wangui, Peter Kinuthia, David Ngure and Fredrick Chege to sign necessary forms and or participate in these proceedings so as to have the grant confirmed and estate distributed.
Application is supported by a sworn affidavit deponed by Daudi Ngure Chege on his own behalf and that of his co-administrator Anthony Maina.
Despite service of the application herein upon the respondents, they did not file any response hence the application proceeded exparte.
I have considered application herein and supporting affidavit. The applicants are seeking for orders compelling the respondents, their siblings to sign necessary consent forms for purposes of confirmation. A copy of the proposed distribution consent form was attached showing that it is only Hannah and Jack who have signed. There is no explanation or response given by the respondents who despite service of the application decided to keep quiet.
This is a very old file with unconfirmed grant since 1999. Litigation must come to an end. The respondents cannot hold the process at ransom. The process must therefore continue.
Accordingly I am satisfied that application is merited and that the respondents shall be served with the application for confirmation together with the proposed distribution list for their signatures/consent and in default the court shall proceed to confirm the grant as proposed by the administrators their absence notwithstanding.
Order accordingly.
J.N. ONYIEGO (JUDGE)
Dated and delivered in open court at Nairobi this 28/2/2017.
28/2/2017:
Before Hon. Justice J.N. Onyiego
Court Clerk – Edwin
Mr. Gitere holding brief for Kanango for the applicants
Court: Ruling delivered in open court.
DATED AND DELIVERED IN OPEN COURT THIS 28TH DAY OF MARCH, 2017.
J.N. ONYIEGO (JUDGE)
28/3/2017
In the presence of Gatere Advocate holding brief for Wandungi for the applicants.