[2018] KEHC 8186 (KLR)
The court found that the respondent, as administratrix, had failed to discharge her statutory duties by refusing to execute documents necessary to devolve the applicant's share of the estate, despite having executed documents for other beneficiaries. The application was unopposed, and the court saw no reason to deny...
Source-derived case information.
- Citation
- [2018] KEHC 8186 (KLR)
- Parties
- Applicant: Phineas Gichobi; Respondent: Jennifer Kanyiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 339 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Execution of Documents
- Outcome
- Application allowed. Orders granted as prayed.
- Legal Topics
- Administration of Estates, Confirmation of Grant, Duties of Administrator, Execution of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Phineas Gichobi
Applicant
Jennifer Kanyiri
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Execution of Documents
Legal Issues
- 1 Whether the respondent, as administratrix, failed to discharge her duties by refusing to execute documents necessary to devolve the applicant's share of the estate.
- 2 Whether the court should empower its Executive Officer to execute the requisite documents in place of the respondent.
- 3 Whether the respondent should personally bear the costs of the application due to her conduct.
Ratio Decidendi
The court found that the respondent, as administratrix, had failed to discharge her statutory duties by refusing to execute documents necessary to devolve the applicant's share of the estate, despite having executed documents for other beneficiaries. The application was unopposed, and the court saw no reason to deny the orders sought. Accordingly, the court empowered the Deputy Registrar to sign and execute all documents necessary to effect the transfer of the relevant parcel to the applicant. The court further ordered that the respondent personally bear the costs of the application due to her unbecoming conduct, emphasizing that such costs should not be paid from the estate but from her...
Court Disposition
Application allowed. Orders granted as prayed.
Orders
- The Deputy Registrar is empowered and directed to sign and execute all documents necessary to effect the transfer of Timau/Timau/Block 6 (Antu-ba-Mwitu/28) in favour of the applicant.
- The respondent shall personally bear the costs of the application, to be taxed by the Taxing Officer and paid from her own resources.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 339 OF 2012
IN THE MATTER OF THE ESTATE OF MBIYUKI M’KIRAITHE
alias JACKSON MBIUKI KIRAITHE
PHINEAS GICHOBI.........................................................APPLICANT
VERSUS
JENNIFER KANYIRI...................................................RESPONDENT
R U L I N G
1. By a Summons dated 7th March, 2017, the applicant has applied under section 47 of the Law of Succession Act, Rules 47 and 73 of the Probate and Administration Rules for an order that the Executive Officer of this court be empowered to sign and execute all the requisite documents to effect the Certificate of Confirmation of grant dated 29th April, 2015.
2. The grounds upon which the application was made were set out in the body of the Summons as well as the Supporting Affidavit of Phineas Gichobi sworn on 7th March, 2017. These were that; the respondent as the administratix has failed to fully discharge her duties under the law; that she had failed to execute documents in relation to LR No. Timau/Timau/Block 6 (Antu-ba-Mwitu/28) and devolve the parcel due to the applicant to him. That she has executed all documents relating to all the other parcels but she has refused to execute those relating to the applicant’s parcel.
3. The application was served upon the Law Firm of Ms. D. J. Mbaya & Co Advocates on 5th May, 2017. Despite such service, there was no replying affidavit or grounds of opposition that was filed in opposition to the said application. Mr. Mutura Mwenda Advocate appeared on behalf of the respondent at the hearing of the application on 12th February, 2018. He asked for more time to file a response. For reasons on record, the court declined to grant an adjournment.
4. I have seen a Certificate of Confirmation of grant on record. The same was issued to the respondent on 29th April, 2015. Nearly three years later, she is said to be refusing to effect the said certificate. That is not only dereliction of duty, but extreme abuse of the duties and obligations of the respondent as the administratrix duly appointed by court.
5. Since the application was not opposed and having considered the entire record, I see nothing to bar this court from granting the orders sought. Accordingly, the Deputy Registrar of this Court is hereby empowered and directed to sign and execute all documents that shall be necessary to effect the transfer of Timau/Timau/Block 6 (Antu-ba-Mwitu/28) in favour of the applicant.
6. Since the present application was occasioned by the unbecoming conduct of the respondent, she shall personally bear the costs of the application which shall be taxed by the Taxing Officer of this court and be paid by her from her own resources and not the estate.
It is so ordered.
DATED and DELIVEREDat Meru this 15th day of February, 2018.
A.MABEYA
JUDGE