[2018] KEHC 938 (KLR)
The court found that the appointed administrators failed to comply with its order to file proposals for confirmation and distribution of the deceased's estate within the stipulated period. In the absence of compliance and any objection to the objector's proposal for distribution, the court exercised its discretion...
Source-derived case information.
- Citation
- [2018] KEHC 938 (KLR)
- Parties
- Petitioner: Patrick Ng’olua M’Mungania; Applicant: Fredrick Kimathi Ngolua; Applicant: Francis Kirimi Ntorukiri; Applicant: Rebecca Ciorui M’Rukiri; Applicant: Joshua Mutuma M’Mungania; Applicant: Kiuru Mwiti Kaciuki; Applicant: Gladys Kathubatu; Applicant: James Gitonga; Applicant: Cypriano Kaberia; Applicant: Eliud Gitonga Ntorukiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 535 of 2004
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate After Failure to File Proposals by Administrators
- Outcome
- Estate distributed as per objector's proposal; no order as to costs.
- Legal Topics
- Succession, Administration of Estates, Distribution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ng’olua M’Mungania
Petitioner
Fredrick Kimathi Ngolua
Applicant
Francis Kirimi Ntorukiri
Applicant
Rebecca Ciorui M’Rukiri
Applicant
Joshua Mutuma M’Mungania
Applicant
Kiuru Mwiti Kaciuki
Applicant
Gladys Kathubatu
Applicant
James Gitonga
Applicant
Cypriano Kaberia
Applicant
Eliud Gitonga Ntorukiri
Applicant
Procedural Posture
Succession Cause / Ruling on Distribution of Estate After Failure to File Proposals by Administrators
Legal Issues
- 1 Whether the administrators complied with the court order to file proposals for confirmation and distribution of the estate within the stipulated period.
- 2 How the estate of the deceased should be distributed in the absence of compliance by the administrators.
Ratio Decidendi
The court found that the appointed administrators failed to comply with its order to file proposals for confirmation and distribution of the deceased's estate within the stipulated period. In the absence of compliance and any objection to the objector's proposal for distribution, the court exercised its discretion to distribute the estate as per the objector's submissions dated 18th February 2013. The distribution was made to the listed beneficiaries in specified shares for the two parcels of land, ensuring that all entitled parties received a portion of the estate. The court further ordered that there would be no order as to costs.
Court Disposition
Estate distributed as per objector's proposal; no order as to costs.
Orders
- The estate of M’Mungania M’Imaria Thariamu is distributed as per the objector's submissions dated 18th February 2013.
- Each beneficiary is allocated specific acreage in L.R Njia/Cia Mwendwa/2581 and L.R Njia/Cia Mwendwa/763 as detailed in the ruling.
Full Case Text
Judgment text and source record
53 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE 535 OF 2004
IN THE MATTER OF ESTATE OF M’MUNGANIA M’IMARIA THARIAMU (DECEASED)
PATRICK NG’OLUA M’MUNGANIA...............PETITIONER
VERSUS
FREDRICK KIMATHI NGOLUA................1ST APPLICANT
FRANCIS KIRIMI NTORUKIRI................2ND APPLICANT
REBECCA CIORUI M’RUKIRI.................3RD APPLICANT
JOSHUA MUTUMA M’MUNGANIA........4TH APPLICANT
KIURU MWITI KACIUKI..........................5TH APPLICANT
GLADYS KATHUBATU..............................6TH APPLICANT
JAMES GITONGA......................................7TH APPLICANT
CYPRIANO KABERIA...............................8TH APPLICANT
ELIUD GITONGA NTORUKIRI..............9TH APPLICANT
RULING
Pursuant to the ruling delivered by Justice Makau on 2nd April 2013 on its own motion appointed 3 administrators to the estate of the deceased herein on 27. 2.2018 and ordered that the 3:-
Fredrick Kimathi Ngolua
Kiuru Mwiti Kacuiki and
Francis Kirimi Ntorukiri
be joint Administrators and to file application for confirmation and proposal for distribution either jointly or separately within 30 days. The 3 failed to comply with court order.
In the circumstances, the court on its own motion do hereby distribute the estate as per proposal made in submissions of the objector dated 18th February 2013 and filed on 18. 2.2013 but which no objection has been raised by the petitioner as follows:-
L.R Njia/Cia Mwendwa/2581
a) Patrick Ngolua M’Mungania – 0. 10 acres
b) Francis Kirimi – 0. 10 acres
c) Joshua Mutuma – 0. 10 acres
d) Kiuri Mwiti – 0. 10 acres
e) James Gitonga - 0. 10 acres
f) Cypriano Kaberia – 0. 10 acres
g) Eliud Gitonga – 0. 10 acres
h) Fredrick Kimathi Ngolua - ¾ Balance
i) Rebecca Ciorui –Daughters of Deceased - ¼ Balance to share equally
L.R. Njia/Cia Mwendwa/763
a) Patrick Ngolua M’Mungania – 0. 10 acres
b) Francis Kirimi – 0. 10 acres
c) Joshua Mutuma – 0. 10 acres
d) Kiuri Mwiti – 0. 10 acres
e) James Gitonga - 0. 10 acres
f) Cypriano Kaberia – 0. 10 acres
g) Eliud Gitonga – 0. 10 acres
h) Rebecca Ciorui –Daughters of Deceased (if any) - 0. 28 acres to share equally
i) Fredrick Kimathi Ngolua - ¾ Balance
No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 14TH DAY OF
NOVEMBER 2018.
In the presence of:
C/A: Kinoti
Petitioner:- N/A
Applicant: N/A
HON. A.ONG’INJO
JUDGE