[2024] KEHC 6229 (KLR)

Source-derived case information.

Citation: [2024] KEHC 6229 (KLR)
Parties: Applicant: Catherine Kanyua Munene; Respondent: Charles Kaburu Ndegwa
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 April 29, 2024 allowed in terms specified; Deputy Registrar authorized to sign if respondent fails to do so; security ordered for subdivision; each party to bear own costs.
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

Catherine Kanyua Munene

Applicant

Charles Kaburu Ndegwa

Respondent

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 during the subdivision of the deceased's estate.

Ratio Decidendi

The court held that while the respondent's wish to appoint a surveyor to represent him during the subdivision of the estate is reasonable, it does not entitle him to delay the execution of the court's orders regarding the distribution of the deceased's estate. To prevent further delay and ensure the implementation of its previous orders, the court authorized the Deputy Registrar to sign the transmission documents on behalf of the respondent if he fails to do so within seven days of presentation. The court further allowed the respondent to have his appointed surveyor present during the subdivision and directed the police to provide security to ensure the process proceeds without...

Court Disposition

Summons dated April 29, 2024 allowed in terms specified; Deputy Registrar authorized to sign if respondent fails to do so; security ordered for subdivision; each party to bear own costs.

Orders

If Charles Kaburu Ndegwa declines to sign the transmission forms within 7 days of presentation, the Deputy Registrar is authorized to sign on his behalf.
Charles Kaburu Ndegwa may be represented by his appointed surveyor during the subdivision of the deceased's estate.

Full Case Text

Judgment text and source record

19 paragraphs

In re Estate of M’ndegwa M’riria (Deceased) (Succession Cause 13 of 2010) [2024] KEHC 6229 (KLR) (23 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6229 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 13 of 2010

TW Cherere, J

May 23, 2024

Between

Catherine Kanyua Munene

Applicant

and

Charles Kaburu Ndegwa

Respondent

Ruling

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

2. In response sworn on May 14, 2024 to summons dated April 29, 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 April 29, 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 those documents on his behalf2. 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 either 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 costs

Dated at Meru this 23rd DAY OF May 2024WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor 2ndAdministrator/Applicant - Mr. Mokua for J.O.Ondieki & Co. AdvocatesFor 1stAdministrator/Respondent - Mr. Muthomi for John Muthomi & Company AdvocatesPage 2 of 2

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