[2024] KEHC 1678 (KLR)
The court found that the respondent's refusal to sign the transmission documents was impeding the timely distribution of the estate as required by law. Since the Law of Succession Act mandates distribution within six months of confirmation of grant, and the respondent had not provided any justification for his...
Source-derived case information.
- Citation
- [2024] KEHC 1678 (KLR)
- Parties
- Respondent: Jerevasio Muriuki; Applicant: Susan Gateti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 17 of 2009
- Procedural Posture
- Succession Cause / Ruling on Notice of Motion for Execution of Transmission Documents
- Outcome
- conditional order granted
- Judges
- TW Cherere
- Legal Topics
- Succession Administration, Grant Confirmation, Estate Distribution, Administrator Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jerevasio Muriuki
Respondent
Susan Gateti
Applicant
Procedural Posture
Succession Cause / Ruling on Notice of Motion for Execution of Transmission Documents
Legal Issues
- 1 Whether the court should authorize the deputy registrar to execute transmission documents in place of an administrator who refuses to sign.
- 2 Whether the estate distribution process is being unduly delayed by the conduct of one administrator.
Ratio Decidendi
The court found that the respondent's refusal to sign the transmission documents was impeding the timely distribution of the estate as required by law. Since the Law of Succession Act mandates distribution within six months of confirmation of grant, and the respondent had not provided any justification for his non-cooperation, the court held that it was just and necessary to authorize the deputy registrar to execute the requisite documents on behalf of any defaulting administrator after the lapse of six months from the date of confirmation. This ensures compliance with statutory timelines and prevents one administrator from frustrating the administration of the estate to the detriment of...
Court Disposition
conditional order granted
Orders
- If after six months from November 2, 2023, any administrator fails to sign the transmission documents, the deputy registrar is authorized to execute the documents on behalf of the defaulting party.
- Costs shall be in the course.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Mwirichia Ntuku (Deceased) (Succession Cause 17 of 2009) [2024] KEHC 1678 (KLR) (22 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1678 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 17 of 2009
TW Cherere, J
February 22, 2024
IN THE MATTER OF THE ESTATE OF MWIRICHIA NTUKU (DECEASED)
Between
Jerevasio Muriuki
Administrator
and
Susan Gateti
Administrator
Ruling
Background 1. By a ruling dated November 2, 2023, this court made the following orders:1. Letters of administration issued to Jerevasio Muriuki on March 18, 2009 are hereby revoked2. Letters of administration be issued jointly to Jerevasio Muriuki and Susan Gateti3. Deceased’s estate comprised in LR. Nyaki/Giaki II/66 shall be distributed in equal shares to the following:i.Jerevasio Muriukiii.The estate of Saberio Kaumbuthu (deceased)iii.The estate of Basirio Marete M’ Mwirichia (deceased)iv.Ciliberia Kaburo M’ Muriithi4. At the point of distribution, the surveyor shall ensure to reduce the share for the Estate of Basirio Marete M’ Mwirichia (deceased) with an equivalent of the size of LR. Nyaki/Nkabune/248 measuring 0. 12 Ha or 0. 29 acres or thereabout.5. Each party shall bear its own costs6. Mention February 5, 2024 to confirm compliance with these orders and/or directions
2. Subsequently, letters of administration nad certificate of confirmation of grant dated November 2, 2023 and November 8, 2023 were issued accordingly.
Summons 3. By notice of motion dated December 19, 2023, supported by an affidavit sworn on even date, Susan Gateti (2nd administrator/applicant) faults Jerevasio Muriuki (1st administrator/respondent) for declining to sign the requisite transmission documents for purposes of distribution of the estate to the beneficiaries of the estate.
4. 2nd administrator/applicant therefore seeks orders that:1. The court issue an order that the deputy registrar of this court executes all the necessary documents in place of Jerevasio Muriuki for purposes of transmission of the estate of the deceased as the certificate of confirmation of grant dated issued on November 8, 20232. Costs be provided for
5. The summons was served on M/s J.G.Gitonga Advocates for the 1st administrator/respondent but there was neither a response nor attendance on the hearing date.
Analysis and Determination 6. Section 83(g) of the Law of Succession Act requires that an estate of a deceased be distributed within six months of confirmation of grant or longer period as the court may allow.
7. A period of 2 months has passed since the grant was confirmed and the administrators are within the time provided for distribution of the estate.
8. In the end, the summons dated December 19, 2023 is considered nad it hereby ordered:1. If after the lapse of 6 months from November 2, 2023, any of the administrators will not have signed the transmission documents, the deputy registrar of this court is authorized to execute, on behalf of such defaulting party, the requisite documents for transmission of the estate of the deceased in accordance with the certificate of confirmation of grant dated November 2, 2023 and issued on November 8, 20232. Costs shall be in the course3. Mention on June 12, 2024 to confirm compliance with these orders and transmission of the estate
DELIVERED IN MERU THIS 22ND DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor 2nd Administrator/ Respondent -Mr. Gitonga for J.G.Gitonga & AssociatesFor 1st Administrator/Applicant -Ms. Maore for Maore Kambura & Co. Advocates