[2024] KEHC 1432 (KLR)
The court found that all assets listed in the confirmed grant had been distributed as directed: the two parcels of land were transmitted to their respective beneficiaries, and there was no evidence that the bank account funds were not transmitted to the intended beneficiary. The deceased petitioner had executed all...
Source-derived case information.
- Citation
- [2024] KEHC 1432 (KLR)
- Parties
- Applicant: Janet Kathure Peter; Petitioner: Rael Karuru M’mbui; Respondent: Living Waters EAPC
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 221 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Deceased Petitioner
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Succession, Confirmation of Grant, Administrator Substitution, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Kathure Peter
Applicant
Rael Karuru M’mbui
Petitioner
Living Waters EAPC
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Deceased Petitioner
Legal Issues
- 1 Whether the substitution of the deceased petitioner is necessary after the confirmed grant has been fully executed.
- 2 Whether any estate assets remain unadministered requiring appointment of a new administrator.
Ratio Decidendi
The court found that all assets listed in the confirmed grant had been distributed as directed: the two parcels of land were transmitted to their respective beneficiaries, and there was no evidence that the bank account funds were not transmitted to the intended beneficiary. The deceased petitioner had executed all her duties under Section 83(g) of the Law of Succession Act. Therefore, there was no remaining estate property or duty requiring the appointment of a new administrator. Substitution of the deceased petitioner would serve no meaningful purpose and was thus unwarranted.
Court Disposition
application dismissed
Orders
- The summons dated 27th November, 2023 seeking substitution of the deceased petitioner is disallowed.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of M’mbui M’ikiome (Deceased) (Succession Cause 221 of 2007) [2024] KEHC 1432 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1432 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 221 of 2007
TW Cherere, J
February 15, 2024
In the matter of
Rael Karuru M’mbui
Petitioner
and
Janet Kathure Peter
Applicant
Ruling
1. By Certificate of Confirmation of Grant dated 07th July, 2008, the estate in this cause was distributed as follows:1. Nyaki/Mulathankari/2066 to Living Waters EAPC2. Nyaki/Mulathankari/2067 to Janet Kathure Peter3. Co-operative Bank Account No. 0010975075200 to Rael Karuru M’Mbui
Summons 2. When the Applicant’s application dated 27th November, 2023 in which she seeks to substitute the Petitioner who died on 09th July, 2022 came before me for hearing, I directed that search certificates for the assets in this cause be filed.
3. The request was informed by the fact that this grant having been confirmed 15 years ago, the court needed to satisfy itself that the substitution was necessary.
4. The search certificates for Nyaki/Mulathankari/2066 and Nyaki/Mulathankari/2067 confirm that they were transmitted to Living Waters EAPC and Janet Kathure Peter respectively as directed by the court. The late Rael Karuru M’Mbui having executed the court order as directed by the court, nothing remains concerning the two assets that a new administrator would deal with.
5. Applicant has not demonstrated that the monies in Co-operative Bank Account No. 0010975075200 were not transmitted to Rael Karuru M’Mbui
6. It appears to me that Rael Karuru M’Mbui executed all her duties under Section 83(g) of the Law of Succession Act. The substitution of the deceased Petitioner would in my considered view not serve any meaningful purpose.
7. Consequently, the summons dated 27th November, 2023 is unmerited and and it is thus disallowed.
DATED AT MERU 15TH DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr. Mwanzia for Muia Mwanzia & Co. AdvocatesFor Living Waters - Mrs Mutegi for Mutegi Mugambi & Co. Advocates