[2018] KEHC 2779 (KLR)
The court found that the orders sought in the summons dated 20/6/2016 were merited and would facilitate the effective and expeditious administration of the estate. The judge was persuaded by the reasons stated in the supporting affidavit and, in the absence of any substantive opposition, allowed the application in...
Source-derived case information.
- Citation
- [2018] KEHC 2779 (KLR)
- Parties
- Applicant: Samson Mburu Mungai; Respondent: Ben Gateiya Mungai
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 494 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Administration Orders
- Outcome
- application allowed
- Legal Topics
- Succession, Administration of Estates, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Mburu Mungai
Applicant
Ben Gateiya Mungai
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Administration Orders
Legal Issues
- 1 Whether the orders sought in the summons dated 20/6/2016 should be granted to facilitate administration of the estate.
- 2 Whether the respondent should be summoned to confirm compliance with the court's orders.
Ratio Decidendi
The court found that the orders sought in the summons dated 20/6/2016 were merited and would facilitate the effective and expeditious administration of the estate. The judge was persuaded by the reasons stated in the supporting affidavit and, in the absence of any substantive opposition, allowed the application in terms of prayers 2 and 3. Additionally, the court ordered that the respondent be summoned to appear and confirm compliance with the orders within 21 days, ensuring accountability in the administration process.
Court Disposition
application allowed
Orders
- Summons dated 20/6/2016 allowed in terms of prayer 2 and 3.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
SUCCESSION CAUSE NUMBER 494 OF 2012
IN THE MATTER OF THE ESTATE OF MUNGAIKIARIE (DECEASED)
SAMSON MBURU MUNGAI...........................................APPLICANT
VERSUS
BEN GATEIYA MUNGAI.............................................RESPONDENT
RULING
Upon consideration of the application dated 20/6/2016 and for reasons stated in the supporting affidavit, I am persuaded that the orders sought are merited and will go a long way in facilitating the effective and expeditious administration of the estate herein.
I accordingly allow the summons dated 20/6/2016 in terms of prayer 2 & 3. Costs shall be in the cause.
There shall be a further order that a summons do issue on Ben Gateiya Mungai to appear in court on a date to be set by court to confirm compliance with the orders herewith which compliance shall be in any event not later than 21 days hereof.
A. K. NDUNG’U
JUDGE
Ruling delivered in open court this 30/10/2018 as the trial judge was away on official duty on 24/10/2018.
A. K. NDUNG’U
JUDGE