[2019] KEHC 9315 (KLR)
The court found that since the confirmed grant was issued to both the deceased and the applicant, and with the death of Rahab Rakeli Wanjiku, the surviving administrator, Evanson Muhoro Gikaru, remains empowered to conclude the administration of the estate. There is therefore no legal impediment to the respondent...
Source-derived case information.
- Citation
- [2019] KEHC 9315 (KLR)
- Parties
- Applicant: Rahab Rakeli Wanjiku Mbutha; Respondent: Evanson Muhoro Gikaru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1178 of 1997
- Procedural Posture
- Succession Cause / Ruling on Application for Order to Sign Transmission Documents
- Outcome
- application declined
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant of Administration, Transmission of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rahab Rakeli Wanjiku Mbutha
Applicant
Evanson Muhoro Gikaru
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Order to Sign Transmission Documents
Legal Issues
- 1 Whether the Deputy Registrar should be ordered to sign transmission documents for Title No. Kabate/Nyathuna/201 due to the death of one administrator before execution.
- 2 Whether the surviving administrator can conclude the administration process without the deceased co-administrator.
Ratio Decidendi
The court found that since the confirmed grant was issued to both the deceased and the applicant, and with the death of Rahab Rakeli Wanjiku, the surviving administrator, Evanson Muhoro Gikaru, remains empowered to conclude the administration of the estate. There is therefore no legal impediment to the respondent finalizing the process in accordance with the judgment delivered on 23rd May 2014. The application for the Deputy Registrar to sign the transmission documents was unnecessary and thus declined.
Court Disposition
application declined
Orders
- The application dated 13th November 2018 is declined.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1178 OF 1997
IN THE MATTER OF THE ESTATE OF MUHORO GIKARU
(DECEASED)
RAHAB RAKELI WANJIKU MBUTHA.........................APPLICANT
VERSUS
EVANSON MUHORO GIKARU...................................RESPONDENT
R U L I N G
1. The application subject of this ruling is dated 13th of November2018. It seeks for one substantive prayer; that an order do issue to the Deputy Registrar, to sign transmission documents in respect of Title No. Kabate/Nyathuna/201 on grounds that administration of the deceased estate be dispensed with as one of the administrator died before executing the transmission documents.
2. I note from the judgment of Musyoka J dated 23rd May 2014 thatthe confirmed grant that was issued to the deceased and the Applicant meaning that upon the death of Rahab Rakeli Wanjiku, the Applicant Evanson Muhoro Gikaru remains an administrator and therefore nothing stops him from concluding the process of administration in accordance with the judgment delivered by Musyoka J on the 23rd of May 2014.
3. Consequently, the application is declined.
Dated and Delivered in Nairobi on this 14th day of March, 2019
.......................
ALI-ARONI
JUDGE