[2023] KEHC 2374 (KLR)
The court found that the petitioner/respondent, John Meme Barutua, did not deny holding the share certificates nor his refusal to release them, amounting to an admission of the administrators/applicants' claims. The court emphasized that orders must be obeyed and that the respondent's grievance regarding non-receipt...
Source-derived case information.
- Citation
- [2023] KEHC 2374 (KLR)
- Parties
- Petitioner: John Meme Barutua; Respondent: Daniel Kobia; Respondent: Peter Murungi M’barutua; Respondent: Jason Kabilu M’barutua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 240 of 2009
- Procedural Posture
- Succession Cause / Ruling on Summons to Compel Release of Share Certificates
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Administration of Estates, Distribution of Assets, Executor Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Meme Barutua
Petitioner
Daniel Kobia
Respondent
Peter Murungi M’barutua
Respondent
Jason Kabilu M’barutua
Respondent
Procedural Posture
Succession Cause / Ruling on Summons to Compel Release of Share Certificates
Legal Issues
- 1 Whether the petitioner/respondent should be compelled to release the deceased's share certificates to the administrators/applicants.
- 2 Whether the petitioner/respondent must account for proceeds if the shares have already been disposed of.
Ratio Decidendi
The court found that the petitioner/respondent, John Meme Barutua, did not deny holding the share certificates nor his refusal to release them, amounting to an admission of the administrators/applicants' claims. The court emphasized that orders must be obeyed and that the respondent's grievance regarding non-receipt of his share of KES 1,160,000 should have been addressed through proper legal channels, not by withholding estate assets. Consequently, the court allowed the application, compelling the respondent to release the share certificates or account for the proceeds if already disposed of, within 14 days, and ordered him to bear the costs of the application.
Court Disposition
application allowed
Orders
- John Meme Barutua (petitioner/respondent) is compelled to release the deceased’s share certificate(s) with Barclays Bank (now ABSA Bank) to the administrators/applicants within 14 days from the date of the ruling.
- If the shares have been disposed of, the petitioner/respondent must account for and/or surrender all money received from the shares to the administrators/applicants within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of M’barutua Kithia Kingili alias Barutua Kithia (Deceased) (Succession Cause 240 of 2009) [2023] KEHC 2374 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2374 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 240 of 2009
TW Cherere, J
March 23, 2023
Between
John Meme Barutua
Petitioner
and
Daniel Kobia
1st Administrator
Peter Murungi M’barutua
2nd Administrator
Jason Kabilu M’barutua
3rd Administrator
Ruling
1. By judgment dated April 4, 2019, Gikonyo J made orders distributing the deceased’s estate. Asset number 9 of the 13 assets distributed were Shares with Barclays Bank which the court ordered that they be sold and proceeds shared equally amongst:a)Rebecca Giturab)Stanley Karuruc)Rebecca Mpindid)Isaiah Mukariae)Grace Nchororof)Kauninku M’barutuag)Jason Kabiluh)John Meemei)Nkatha M’barutuaj)Peter Murungik)Jacob Mithikal)Bernard Matim)Isaac Kiilin)Charles Kubaio)Nathan Kiuliop)Francis Ntongaiq)Paulina Karimir)Janet Mbarutuah)John Meemer)Janet Mbarutua
2. By summons dated March 8, 2022 supported by an affidavit sworn by the 3rd administrator/applicant on March 15, 2022, administrators/applicants state that they have not distributed the estate in the shares for the reason that the petitioner/respondent has declined to release the share certificates to them. They thus pray that petitioner/respondent be compelled to surrender the share certificate/s or account for the proceeds of the shares in the event that he has already disposed of the shares.
3. By his replying affidavit sworn on March 13, 2023, petitioner/respondent makes no answer to the administrators/applicants’ claim but only contends that he did not get a share of KES. 1,160,000/- that the court ordered be distributed to the beneficiaries.
4. I have considered the summons in the light of the affidavits on record and since the petitioner/respondent neither denies that he is holding the shares certificate/s nor that he has declined to release them to the Administrators, he is deemed to have admitted the allegations of fact made by the administrators/applicants.
5. Court orders are not made in vain. If for any reason the administrator/respondent did not get a share of KES. 1,160,000/- that the court ordered be distributed to the beneficiaries, he had a duty to move the court appropriately instead of withholding the deceased’s share certificate/s to the detriment of other beneficiaries.
6. From the foregoing, I find that the summons dated March 8, 2022 has merit and it is allowed in the following terms:1. This court hereby makes an order compelling John Meme Barutua (petitioner/respondent) to release the deceased’s share certificate/s with Barclays Bank now ABSA Bank to the administrators/applicants within 14 days from today’s date2. In the event that the shares have been disposed off, petitioner/respondent is directed to account and/or surrenders all the money received from the shares to the administrators/applicants within 14 days from today’s date3. Costs of this application shall be borne by petitioner/respondent
MENTION ON 27TH APRIL, 2023 TO CONFIRM COMPLIANCEDATED AT MERU THIS 23RD DAY OF MARCH 2023WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Administrators/Applicants - Ms. Gatwiri for Murango Mwenda & Co AdvocatesFor Interested Party- - Ms. Asuma for Mutembei & Kimathi & Co. Advocates