[2022] KEHC 1344 (KLR)
The court found that the 1st Administrator/Respondent's refusal to sign the transfer forms was not justified, as the application for revocation of grant was filed after the summons for execution and was subsequently withdrawn. There was no pending legal impediment to the execution of the confirmed grant. The...
Source-derived case information.
- Citation
- [2022] KEHC 1344 (KLR)
- Parties
- Applicant: Gladys Kairigo Mung’atia; Respondent: Ayub Kirimi Mbwiria
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 26 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons to Compel Execution of Estate Distribution
- Outcome
- Application allowed with costs to the Applicant.
- Judges
- TW Cherere
- Legal Topics
- Administration of Estates, Confirmation of Grant, Execution of Court Orders, Noncompliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Kairigo Mung’atia
Applicant
Ayub Kirimi Mbwiria
Respondent
Procedural Posture
Succession Cause / Ruling on Summons to Compel Execution of Estate Distribution
Legal Issues
- 1 Whether the 1st Administrator/Respondent's refusal to sign transfer forms frustrates the execution of the confirmed grant.
- 2 Whether the court should authorize the Executive Officer to sign transfer forms on behalf of the 1st Administrator/Respondent.
Ratio Decidendi
The court found that the 1st Administrator/Respondent's refusal to sign the transfer forms was not justified, as the application for revocation of grant was filed after the summons for execution and was subsequently withdrawn. There was no pending legal impediment to the execution of the confirmed grant. The Respondent's continued refusal to cooperate was deemed to be frustrating the lawful distribution of the estate. The court, therefore, exercised its discretion to order the Respondent to sign the transfer forms within 14 days, failing which the Executive Officer of the court would be empowered to sign the necessary documents on his behalf to ensure the estate is distributed as per the...
Court Disposition
Application allowed with costs to the Applicant.
Orders
- 1st Administrator/Respondent shall sign the transfer forms for purposes of executing the distribution of the estate within 14 days from the date of the order.
- If the 1st Administrator/Respondent does not comply, the Executive Officer of the court shall sign the necessary transfer forms on his behalf.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA
AT MERU
(CORAM: CHERERE-J)
SUCCESSION CAUSE NO. 26 OF 2014
IN THE MATTER OF THE ESTATE OF M’MBIRIA M; RUTHIRI ALIAS MBWIRIA S/O RUTHIRI(DECEASED)
BETWEEN
GLADYS KAIRIGO MUNG’ATIA......2ND ADMINISTRATOR/APPLICANT
AND
AYUB KIRIMI MBWIRIA.................1ST ADMINISTRATOR/RESPONDENT
RULING
Introduction
1. Ayub Kirimi Mbwiria (1st Administrator/Respondent) and Gladys Kairigo Mungátia (2nd Administrator/Applicant) are the joint administrators of deceased’s estate.
2. Deceased’s estate was distributed by an order dated 10th March, 2020. A Certificate of Confirmation of Grant was subsequently issued distributing the estate of the deceased as follows:
a. ABOTHUGUCHI/KATHERI/155
1. Gladys Kairigo Mung’atia 1. 765 acres
2. David Kaimenyi 1. 74 acres
3. Dennis Koome Gatobu 1. 74 acres
4. Florence Makena Martin 1. 74 acres
5. Hellen Kinanu 1. 74 acres
6. Ayub Kirimi Mbwiria 0. 9 acres
b. ABOTHUGUCHI/KATHERI/2859
Betty Nkatha
3. In distributing the estate, the court took into account that 1st Administrator had already disposed off part of the estate to Betty Nkathathus reducing his share of the estate.
Summons
4. By summons dated 23rd March, 2021, 2nd Administrator/Respondent seeks an order that the Executive Officer of this court signs necessary transfer forms on behalf of the 1st Administrator/Respondent for purposes of executing the distribution of the estate. The summons is based mainly on the ground that 1st Administrator/Respondent blatantly refused to sign the transfer forms which grounds are reiterated in the Applicant’s undated supporting affidavit filed on 23rd March, 2021.
5. By his response dated 25th May, 2021, 1st Administrator/Respondent avers that he did not sign the transfer documents because there is a pending application for revocation of the grant.
Analysis and determination
6. I have considered the summons in the light of the affidavits on record. The application for revocation was filed on 25th May, 2021 which was 2 months after the 2nd Administrator/Respondent filed the current application. That 1st Administrator/Respondent did not sign the transfer forms because there was a pending application for revocation is therefore not factual.
7. Be as it may, the application for revocation was withdrawn on 09th March, 2022 following the death of the Applicant one Japhet Mukiira Kirera and there is therefore no reasonable cause for 1st Administrator/Respondent continued failure to sign the transfer forms thus frustrating the distribution of the estate.
8. From the foregoing analysis, it is therefore hereby ordered THAT:
1. 1st Administrator/Respondent shall sign the transfer forms for purposes of executing the distribution of the estate within 14 days from today’s date
2. In the event that the 1st Administrator/Respondent does not comply with order (1) above, the Executive Officer of this court shall sign the necessary transfer forms on behalf of the 1st Administrator/Respondent
3. Respondent shall bear the costs of this summons.
DELIVERED IN MERU THIS 17TH DAY OF MARCH, 2022
WAMAE. T. W. CHERERE
JUDGE
Appearances
Court Assistant -Morris Kinoti
For Applicant - Ms. Aketch for Norbert. O & Co. Advocates
For Respondent - Mr. Mwanzia for Muia Mwanzia & Co. Advocates