[2024] KEHC 6201 (KLR)

Source-derived case information.

Citation: [2024] KEHC 6201 (KLR)
Parties: Respondent: Charles Kaburu Ndegwa; Applicant: Catherine Kanyua Munene
Court: High Court
Court Station: High Court at Meru
Jurisdiction: Kenya
Case Number: Succession Cause 13 of 2010
Procedural Posture: Succession Cause / Ruling on Summons for Execution of Transmission Documents
Outcome: Summons dated 29th April, 2024 allowed in terms specified; Deputy Registrar authorized to sign if 1st Administrator fails to do so within 7 days.
Judges: TW Cherere
Legal Topics: Administration of Estates, Grant of Letters of Administration, Transmission of Property
Source Language: en

Family and Children Administration of Estates Grant of Letters of Administration Transmission of Property

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Charles Kaburu Ndegwa

Respondent

Catherine Kanyua Munene

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Execution of Transmission Documents

Legal Issues

1 Whether the Deputy Registrar should be authorized to sign transmission documents on behalf of the 1st Administrator if he declines to do so.
2 Whether the 1st Administrator is entitled to delay execution of the court's orders pending appointment of a surveyor.
3 Whether security should be provided to ensure smooth subdivision of the estate.

Ratio Decidendi

The court held that while the 1st Administrator's desire to appoint a surveyor was reasonable, it did not entitle him to delay the execution of the court's orders regarding the transmission of the deceased's estate. To prevent further delay and ensure compliance with the previous ruling on distribution, the court authorized the Deputy Registrar to sign all necessary transmission documents on behalf of the 1st Administrator if he declined to do so within seven days of presentation. The court further allowed the 1st Administrator to have his appointed surveyor present during the subdivision, directed the police to provide security to prevent any interruptions, and ordered each party to bear...

Court Disposition

Summons dated 29th April, 2024 allowed in terms specified; Deputy Registrar authorized to sign if 1st Administrator fails to do so within 7 days.

Orders

If Charles Kaburu Ndegwa declines to sign transmission forms within 7 days of presentation, the Deputy Registrar is authorized to sign all necessary transmission documents on his behalf.
Charles Kaburu Ndegwa is at liberty to be represented by his appointed surveyor on the date scheduled for subdivision of the estate.

Full Case Text

Judgment text and source record

20 paragraphs

In re Estate of M'Ndegwa M'Riria (Deceased) (Succession Cause 13 of 2010) [2024] KEHC 6201 (KLR) (23 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6201 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 13 of 2010

TW Cherere, J

May 23, 2024

IN THE MATTER OF THE ESTATE OF M’NDEGWA M’RIRIA (DECEASED)

Between

Charles Kaburu Ndegwa

Administrator

and

Catherine Kanyua Munene

Administrator

Ruling

1. This court by a ruling dated 29th February, 2024 gave direction concerning distribution of deceased’s estate.

2. In response sworn on 14th May, 2024 to summons dated 29th April, 2024 in which Catherine Kanyua Munene (2nd Administrator/Applicant) seeks orders that the Deputy Registrar be authorized to sign transmission documents on behalf of Charles Kaburu Ndegwa (1st Administrator/Respondent), the latter explains that he wants to appoint a surveyor to represent him during the subdivision of the estate.

3. The 1st Administrator/Respondent explanation though reasonable does not entitle him to delay the execution of this court’s orders.

4. The summons dated 29th April, 2024 is therefore determined in the following terms:1. In the event that Charles Kaburu Ndegwa (1st Administrator/Respondent) declines to sign the transmission forms within 7 days of their presentation to him or his advocate, this court hereby authorizes and empowers the Deputy Registrar of this court to sign all the necessary transmission documents on his behalf to ensure that the estate of deceased is transmitted2. Charles Kaburu Ndegwa (1st Administrator/Respondent) is at liberty to be represented by his appointed surveyor on the date scheduled for subdivision of deceased’s estate3. To ensure that the subdivision proceeds without interruption from any party, the OCS Runogone Police Station is directed to provide security on the date scheduled for subdivision of deceased’s estate4. Each party shall bear its own costs5. Mention 17th October, 2024 to confirm transmission

DATED AT MERU THIS 23RD DAY OF MAY 2024WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor 2nd Administrator/Applicant - Mr. Mwirigi for J.O.Ondieki & Co. AdvocatesFor 1st Administrator/Respondent - Mr. Muthomi for John Muthomi & Company Advocates

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