[2019] KEHC 9747 (KLR)
The court found that Isabella Nyambura Muthaka had failed in her duties as co-administrator by being uncooperative and stalling the administration of the estate. The allegations against her were uncontroverted, and her conduct constituted a failure to proceed diligently with the administration as required by law....
Source-derived case information.
- Citation
- [2019] KEHC 9747 (KLR)
- Parties
- Applicant: John Kiiru Muthaka; Respondent: Isabella Nyambura Muthaka; Respondent: Mercy Wangari Muthaka
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 193 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator
- Outcome
- Application allowed. Isabella Nyambura Muthaka removed as administrator and replaced by Mercy Wangari Muthaka. Grant to issue in joint names of John Kiiru Muthaka and Mercy Wangari Muthaka. Estate to be wound up within six months. Each party to bear its own costs.
- Judges
- AG Ndung'u
- Legal Topics
- Succession Administration, Revocation of Grant, Administrator Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kiiru Muthaka
Applicant
Isabella Nyambura Muthaka
Respondent
Mercy Wangari Muthaka
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator
Legal Issues
- 1 Whether Isabella Nyambura Muthaka should be removed as co-administrator of the estate of Livingstone Muthaka Ngahu.
- 2 Whether Mercy Wangari Muthaka should be substituted as administrator in place of Isabella Nyambura Muthaka.
- 3 Whether the grant should be revoked and reissued to new administrators.
Ratio Decidendi
The court found that Isabella Nyambura Muthaka had failed in her duties as co-administrator by being uncooperative and stalling the administration of the estate. The allegations against her were uncontroverted, and her conduct constituted a failure to proceed diligently with the administration as required by law. The court held that this justified the revocation of the grant issued to her and her replacement as administrator. The court further found it in the interest of the estate and beneficiaries to substitute Mercy Wangari Muthaka as administrator alongside John Kiiru Muthaka, with the distribution of the estate to remain as per the certificate of grant dated 16/3/2007. The...
Court Disposition
Application allowed. Isabella Nyambura Muthaka removed as administrator and replaced by Mercy Wangari Muthaka. Grant to issue in joint names of John Kiiru Muthaka and Mercy Wangari Muthaka. Estate to be wound up within six months. Each party to bear its own costs.
Orders
- The grant issued to Isabella Nyambura Muthaka is revoked.
- A grant to issue in the joint names of John Kiiru Muthaka and Mercy Wangari Muthaka.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 193 OF 2005
IN THE ESTATE OF LIVINGSTONE MUTHAKA NGAHU (DECEASED)
RULING
1. The Application before court is dated 30/5/2017. The prayers sought are;
1. This application be certified urgent for the reasons or urgency set out in the certificate of urgency.
2. That the Honourable Court be pleased to order the administrator Isabella Nyambura Muthaka be replaced and substituted with Mercy Wangari Muthaka.
3. The costs of this application be awarded to the plaintiff/applicant.
2. The application is premised on six (6) grounds as seen on the face thereof and on the affidavit of John Kiiru Muthaka.
3. The gist of the application, the grounds and affidavit evidence is that Isabella Nyambura Muthaka and John Kiiru Muthaka were appointed joint administrators of the estate of Livingstone Muthaka Ngahu (deceased) on 16/3/2007.
4. Isabella Nyambura Muthaka has since become uncooperative stalling the administration of the estate.
5. It is urged that property known as Title Number Subukia/Subukia Block 6/325 (Ngumba) which was deposited as security for a medical bill in respect of treatment of one David Maina Muthaka, a beneficiary (now deceased) is at risk of being sold. Isabella has failed to co-operate in taking steps to salvage this property.
6. The application is not opposed and evidence of proper service on Isabella Nyambura Muthaka is on record.
7. I have considered the application at hand. On the material before court it is manifestly clear that Isabella Nyambura has failed in her duties as a co-administrator of the estate herein.
8. The allegations raised against her are not controverted. I hold them as true.
9. That being so, the said Isabella is thus a stumbling block to the administration of the estate herein. The cause was lodged in court in 2005. This is over a decade ago. The need to have it finalized cannot be gainsaid.
10. Isabella has failed to proceed diligently with the administration of the estate as required of her by Section 76 (d) of the Law of Succession Act (Cap 160 Laws of Kenya) and totally failed to execute her mandate and duties within the meaning of Section 83of theLaw of Succession Act.
11. It is in the interest of the estate herein and the beneficiaries that the grant issued to Isabella Nyambura Muthaka be revoked and in place thereof a grant do issue in the joint names of John Kiiru Muthaka and Mercy Wangari Muthaka. The same is hereby confirmed and distribution maintained as per the certificate of grant dated 16/3/2007.
12. The administrators to wind up the estate within six (6) months hereof and make a formal report to court.
13. Each party to bear its own costs.
Dated and Signed at Nakuru this 6th day of February, 2019.
A. K. NDUNG'U
JUDGE