[2019] KEHC 987 (KLR)
The court found that the respondent, as administrator, is accountable to the beneficiaries and the court for all estate assets and income. Given the pending application for revocation of the grant and the history of disputes and orders, it is necessary for the respondent to provide a full account of the estate. The...
Source-derived case information.
- Citation
- [2019] KEHC 987 (KLR)
- Parties
- Applicant: Elizabeth Mugure Mukunya; Applicant: Caroline Njeri Mwicigi; Respondent: Benson Mugo Mukunya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 397 of 2005
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Applications and Directions for Hearing of Revocation Application
- Outcome
- interlocutory orders granted; directions given for hearing of revocation application; costs to applicants
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant Revocation, Administrator Duties, Estate Accounts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Mugure Mukunya
Applicant
Caroline Njeri Mwicigi
Applicant
Benson Mugo Mukunya
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Applications and Directions for Hearing of Revocation Application
Legal Issues
- 1 Whether the respondent should be compelled to account for the estate assets and income pending determination of the revocation application.
- 2 Whether the respondent should be prohibited from dealing with the estate assets before the revocation application is heard.
- 3 Whether the court should give directions for hearing of the revocation application.
Ratio Decidendi
The court found that the respondent, as administrator, is accountable to the beneficiaries and the court for all estate assets and income. Given the pending application for revocation of the grant and the history of disputes and orders, it is necessary for the respondent to provide a full account of the estate. The court directed the respondent to file a list of all properties, income, and monies in the deceased's accounts within 30 days, and gave further directions to facilitate the hearing of the revocation application. The court also ordered that the relevant Chief Magistrate's file be called up and that parties file witness statements and documents for the hearing. Costs were awarded...
Court Disposition
interlocutory orders granted; directions given for hearing of revocation application; costs to applicants
Orders
- The respondent shall file a list of all properties, income thereof, and monies in the deceased's accounts within 30 days.
- The Deputy Registrar shall call for Thika Chief Magistrate’s file number 510 of 2005 forthwith.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI (FAMILY DIVISION)
SUCCESSION CAUSE NO 397 OF 2005
IN THE MATTER OF THE ESTATE OF LIVINGSTONE MUKUNYA MURIU (DECEASED)
ELIZABETH MUGURE MUKUNYA
CAROLINE NJERI MWICIGI..............................................APPLICANTS
VERSUS
BENSON MUGO MUKUNYA..............................................RESPONDENT
RULING
1. The deceased died on the 31st of July 2004. The parties herein are his daughters and a son. He is said to have left behind 8 survivors.
2. From the pleadings there is no dispute that the Respondent petitioned the court for a grant of administration in the Chief Magistrate’s court Thika being succession cause No. 510 of 2005.
3. The applicants on their part moved this court seeking for revocation and annulment of the said grant on 22nd February 2005. Since then a series of applications have followed, various orders made. However the application for revocation or the grant is yet to be prosecuted to date.
4. Notable orders made are:
i. On 18th March, 2011 requiring that the Respondent hands over the grant issued in succession cause 510 of 2005 for cancellation and prohibiting him from accessing the deceased accounts at Consolidated Bank and, Muramati Sacco account, or any other and from dealing with assets of the estate pending hearing of the application of revocation.
ii. On 14th November 2006 which inter alia have P&A file No. 510 of 2004 Chief Magistrate’s court be brought to this court.
5. It is my view that if the application for revocation is immediately set down for hearing and determined it will solve all the pending issues.
6. Having stated as above and having considered all the applications, supporting affidavits and response I find that the prayer for accounts is merited. An administrator is accountable to other beneficiaries and the court and I therefore direct as follows:
i. The Respondent to file a list of all properties, income thereof and monies in the deceased accounts within the next 30 days of the date hereof.
ii. The Deputy Registrar do forthwith call for Thika Chief Magistrate’s file number 510 of 2005.
iii. The parties do file witness statements and documents for purposes of hearing the summons for revocation of the grant dated 29 and filed on 2005 by way of oral evidence.
iv. Hearing of the same on a date to be agreed upon.
7. Costs to the Applicants.
SIGNED DATED and DELIVERED in open court this 19TH day of DECEMBER, 2019.
.......................
ALI-ARONI
JUDGE