[2017] KEHC 997 (KLR)

[2017] KEHC 997 (KLR)

The court found that the orders made by Rawal J on 20th May 2009 regarding the administration of the estate of Maina Gathungu (deceased) have not been set aside, varied, reversed, or vacated. Therefore, those orders remain valid and binding. The Public Trustee is required to complete the administration of the estate...

Source-derived case information.

Citation
[2017] KEHC 997 (KLR)
Parties
Applicant: Public Trustee; Respondent: Survivors of Maina Gathungu (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 2010 of 2003
Procedural Posture
Succession Cause / Ruling
Outcome
Orders of Rawal J (20th May 2009) to be implemented; Public Trustee to complete administration; survivors to cooperate; liberty to apply.
Judges
DN Musyoka
Legal Topics
Estate Administration, Probate, Public Trustee Powers
Source Language
en
Family and Children Estate Administration Probate Public Trustee Powers

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Parties

Public Trustee

Applicant

Survivors of Maina Gathungu (Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling

Legal Issues

  1. 1 Whether the orders made by Rawal J on 20th May 2009 regarding the administration of the estate have been set aside, varied, reversed, or vacated.
  2. 2 Whether the Public Trustee is required to complete administration of the estate in accordance with the said orders.

Ratio Decidendi

The court found that the orders made by Rawal J on 20th May 2009 regarding the administration of the estate of Maina Gathungu (deceased) have not been set aside, varied, reversed, or vacated. Therefore, those orders remain valid and binding. The Public Trustee is required to complete the administration of the estate in accordance with those orders. The survivors of the deceased are directed to cooperate with the Public Trustee, and they retain the liberty to apply to the court if necessary. The court thus reaffirmed the enforceability of its prior orders and the obligation of the parties to comply.

Court Disposition

Orders of Rawal J (20th May 2009) to be implemented; Public Trustee to complete administration; survivors to cooperate; liberty to apply.

Orders

  • The Public Trustee is required to complete administration of the estate in terms of the orders made by Rawal J on 20th May 2009.
  • The survivors of the deceased shall cooperate with the Public Trustee.