[2020] KEHC 4902 (KLR)
The court found that the respondent had not provided evidence of a stay of execution or an appeal against the confirmed grant. The administrator's failure to implement the grant for over a year, without lawful justification, constituted sufficient grounds for her removal under section 76 of the Law of Succession...
Source-derived case information.
- Citation
- [2020] KEHC 4902 (KLR)
- Parties
- Respondent: Maricella Mukiri M’Kiunga; Applicant: Margret Kuri Munoru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 316 of 2007
- Procedural Posture
- Succession Application / Ruling on Application for Removal and Replacement of Administrator and Ancillary Orders
- Outcome
- application allowed
- Legal Topics
- Administration of Estates, Removal of Administrator, Implementation of Grant
- 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
Maricella Mukiri M’Kiunga
Respondent
Margret Kuri Munoru
Applicant
Procedural Posture
Succession Application / Ruling on Application for Removal and Replacement of Administrator and Ancillary Orders
Legal Issues
- 1 Whether the administrator should be removed for failing to implement the confirmed grant.
- 2 Whether the Land Registrar should be directed to dispense with the production of the original title for LR NYAKI/MULATHANKARI/492.
- 3 Whether the OCS should provide security during the subdivision of the estate.
Ratio Decidendi
The court found that the respondent had not provided evidence of a stay of execution or an appeal against the confirmed grant. The administrator's failure to implement the grant for over a year, without lawful justification, constituted sufficient grounds for her removal under section 76 of the Law of Succession Act. The court held that the applicant's case was uncontroverted and merited, and thus ordered the Deputy Registrar to execute the necessary documents for transmission of the estate, dispensed with the requirement for the original title, and directed the OCS to provide security during the subdivision process.
Court Disposition
application allowed
Orders
- The Deputy Registrar is ordered to execute documents to facilitate transmission of the estate instead of Maricella Mukiri M’Kiunga.
- The Land Registrar Meru is directed to dispense with the production of the original title to LR NYAKI/MULATHANKARI/492.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MERU
SUCCESSION NO. 316 OF 2007
IN THE MATTER OF THE ESTATE OF M’KIUNGA KATHEMEURA – DECEASED
MARICELLA MUKIIRI M’KIUNGA......................................PETITIONER/RESPONDENT
VERSUS
MARGRET KURI MUNORU.........................................................PROTESTOR/APPLICANT
RULING
1. The application dated 11/3/2019 is brought under section 47 of the Law of Succession Act cap 160 of the Laws of Kenya and Rule 73 of the Probate and Administration Rules. The application seeks orders for the removal and replacement of Margaret Kiri Munoru as an administrator and that the Land Registrar Meru be directed to dispense with the production of the Original title to LR NYAKI/MULATHANKARI/492 as the Administrator had declined to diligently implement the grant confirmed on 27th June 2018.
2. The application was based on the grounds on the face of it and on the supporting affidavit of Margret Kuri Munoru sworn on 11th March 2019. In her Replying Affidavit sworn on 10th June 2019, Maricella Mukiri M’Kiunga averred that the application was filed with falsehoods and that she had not refused to implement the grant but that there is an appeal pending determination. She averred that the orders being sought for are unfair and should not be granted as it has not been proved that she acted in contempt of court order.
3. In submissions applicant said the matter was heard by way of viva voce evidence and the court delivered its ruling dated 27. 6.2018 distributing the estate to the dependants and the applicant who is daughter of the deceased. It was submitted that applicant decided to seek the prayers herein as Petitioner/Administratrix had declined to implement the grant more than one year after court issued the same.
4. It was submitted that the Administratrix had breached section 76 of the Law of Succession and should be removed as Administrator.
5. The Respondent in her submissions said that she only obtained copies of proceedings in October. She submitted further that delay in implementing the grant was no inadvertent, intentional and deliberate. She said the application was meant to distract process of appeal. She submitted the applicant was not fit to be an Administrator. She said there was no proof of any threat or intimidation or any violence to warrant the prayer that the OCS be ordered to oversee implementation of grant and that the applicant is making a case out of blues.
6. The Respondent prayed that the application be dismissed.
7. I have considered the application by Margaret Kiiri Munoru and find that same has not been controverted. The Respondent has not sworn that she obtained orders staying the implementation of the grant that was confirmed on 27th June 2018. The Respondent claimed she had filed an appeal against the determination of this court but she didn’t exhibit the same. I do find that the application is merited.
8. The Deputy Registrar is hereby ordered to execute documents to facilitate transmission of the estate instead and of Maricella Mukiri M’Kuinga.
9. The Land Registrar Meru is directed dispense with the production of the original title to LR NYAKI/MULATHAKARI/492.
10. The O.C.S Meru Police station to provide security during the survey to subdivide the estate of the deceased.
11. Each party to bear its own cost.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON20TH DAY OF FEBRUARY 2020.
In the presence of :
CA:
PETITIONER/RESPONDENT: Mr Kirimi holding brief for Thangicia for Petitioner
PROTESTER/APPLICANT:- Mr Gikunda for Applicant.
HON A. ONG’INJO
JUDGE