[2021] KEHC 8208 (KLR)
The court found that the application was merited as the applicant, being an administrator, was acting within her mandate to ensure payment of outstanding land rent and rates, which are necessary liabilities of the estate. The funds in question were estate assets, and refusal by some beneficiaries to release the...
Source-derived case information.
- Citation
- [2021] KEHC 8208 (KLR)
- Parties
- Applicant: Elizabeth Wangari Ngugi; Applicant: Peter Muiruri Mwaura; Respondent: David Kariuki Muigai
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 96 of 2016
- Procedural Posture
- Succession Cause / Ruling on Application for Release of Funds to Pay Land Rent and Rates
- Outcome
- application allowed
- Judges
- MM Kasango
- Legal Topics
- Succession Administration, Estate Management, Payment of Land Rates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wangari Ngugi
Applicant
Peter Muiruri Mwaura
Applicant
David Kariuki Muigai
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Release of Funds to Pay Land Rent and Rates
Legal Issues
- 1 Whether the applicant is entitled to an order for release of funds from the estate account to pay outstanding land rent and rates.
- 2 Whether the applicant should be refunded the amount personally paid to clear rate arrears on estate property.
Ratio Decidendi
The court found that the application was merited as the applicant, being an administrator, was acting within her mandate to ensure payment of outstanding land rent and rates, which are necessary liabilities of the estate. The funds in question were estate assets, and refusal by some beneficiaries to release the required amounts was unjustified and detrimental to proper administration. The court emphasized the need for efficient administration, noting the protracted nature of the succession cause since the deceased died in 1999. Accordingly, the court granted the orders sought for release of KShs. 178,304 for payment of land rent and rates, and refund of KShs. 50,000 to the applicant, and...
Court Disposition
application allowed
Orders
- Prayer (2) and (3) of the summons dated 7th September 2020 granted as prayed.
- At the reading of this ruling, a date will be fixed for all parties to appear before court for directions on the hearing of the succession cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
SUCCESSION CASE NO 96 OF 2016
IN THE MATTER OF THE ESTATE OF MAMO MUIRURI MUIGAI alias MUIRURI MAMBO (DECEASED)
ELIZABTH WANGARI NGUGI..1ST PETITIONER/APPLICANT
PETER MUIRURI MWAURA.....2ND PETITIONER/APPLICANT
VERSUS
DAVID KARIUKI MUIGAI...................................RESPONDENT
R U L I N G
1. Elizabeth Wangari Ngugi (Elizabeth)is one of the administrators in respect of this estate. She has moved this court through the application dated 7th September 2020 seeking an order for release from account at Equity Bank KShs.178,304/= for payment of land rent and rates outstanding on property Title No.45042 and for refund of amount of Kshs.50,000/= she paid to clear rate arrears on plot No. 164 Thika Kamenu and for an order for release from that account KShs.228,304/= for Elizabeth to pay rates for properties Title No 45042 and plot 164 Thika Kamenu.
2. The application is unopposed. Elizabeth deponed that monies held in that Bank account came from the sale of harvesting of quarry in one of the estate’s properties. That the signatories of the Bank account, some of the beneficiaries of this estate, have refused to release the amount required to pay land rent a d rate.
3. The application in my view is merited. Over and above granting the orders sought I am very concerned with this matter, where the succession cause is still pending before court yet deceased died in 1999 and the running of the estate has as a result of that delay become very convoluted. This situation cannot be permitted to persist. I will give a date at the reading of this Ruling for directions to be given on the hearing of this matter.
4. I grant the following orders:
(a) Prayer (2) and (3) of the summons dated 7th September 2020 is granted as prayed.
(b) At the reading of this Ruling a date will be fixed for all parties to appear before court for directions to be issued on the hearing of this succession cause.
SIGNED AND DELIVERED VIRTUALLY THIS 18th DAY OF MARCH 2021.
MARY KASANGO
JUDGE
18th March 2021
Before Justice Mary Kasango
C/A - Kevin
Applicant – Elizabeth Wangui Ngugi – No appearance
For the Respondent - Ms Mbugu holding brief for Mr. Waweru
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE