[2019] KEHC 1721 (KLR)
The court found that the administrator had not complied with previous orders requiring the filing of a full and accurate inventory of the estate. The court reiterated that LR 7741/286 should be distributed equally between Angela Nderitu and John Nderitu, with John at liberty to give up his share to other...
Source-derived case information.
- Citation
- [2019] KEHC 1721 (KLR)
- Parties
- Applicant: Angela Wambui Nderitu; Respondent: John Kang’ethe Nderitu; Respondent: Florence Auma Nderitu; Respondent: Elizabeth Wariara Nderitu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 307 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation and Objection
- Outcome
- Partial confirmation with directions for compliance and amendment of distribution.
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution, Administrator Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angela Wambui Nderitu
Applicant
John Kang’ethe Nderitu
Respondent
Florence Auma Nderitu
Respondent
Elizabeth Wariara Nderitu
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation and Objection
Legal Issues
- 1 Whether the administrator complied with the court's previous orders regarding inventory and distribution of the estate.
- 2 Whether all properties available for distribution have been properly accounted for and included in the summons for confirmation.
- 3 Whether the distribution of LR 7741/286 should be amended to reflect the court's earlier orders.
Ratio Decidendi
The court found that the administrator had not complied with previous orders requiring the filing of a full and accurate inventory of the estate. The court reiterated that LR 7741/286 should be distributed equally between Angela Nderitu and John Nderitu, with John at liberty to give up his share to other beneficiaries. The court also clarified that LR 7741/285 was not available for distribution as it had already been transferred inter vivos. The court directed the former administrator to file the required inventory within 30 days, after which the summons for confirmation would proceed. The mode of distribution was to be amended to reflect the court's earlier orders regarding LR 7741/286.
Court Disposition
Partial confirmation with directions for compliance and amendment of distribution.
Orders
- The former administrator is directed to file an accurate inventory of the estate within 30 days.
- The mode of distribution is to be amended to reflect that LR 7741/286 is to be shared equally between Angela Nderitu and John Nderitu, with John at liberty to give up his share to other beneficiaries.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 307 OF 2006
IN THE MATTER OF THE ESTATE OF THE PETER CHARLES NDERITU – DECEASED
ANGELA WAMBUI NDERITU........................................................................APPLICANT
VS
JOHN KANG’ETHE NDERITU............................................................1ST RESPONDENT
FLORENCE AUMA NDERITU...........................................................2ND RESPONDENT
ELIZABETH WARIARA NDERITU...................................................3RD RESPONDENT
RULING
1. The Administrator of the Estate of the Deceased herein filed a Summons for Confirmation dated 15. 12. 2015 in accordance with the Judgment of this Court dated 28. 8.2015.
2. The Objector FLORENCE AUMA NDERITU filed an objection dated 14. 6.2016 on the grounds that the Administrator did not seek her consent and further that some properties of the Estate previously available for distribution from the Affidavit of the previous administrators have been left out.
3. Further, that the former Administrator, ELIZABETH WARIARA NDERITU has not filed in Court a full and accurate inventory of the Estate from 2006 – 2015 as per the order of the Court dated 28. 8.2015.
4. The Court on 28. 8.2015 gave explicit orders which have not been complied with.
5. I direct that the former Administrator files a report as directed by the Court so that it is clear what properties are available for distribution.
6. The Court directed that Property No. LR 7741/286 will be subject to 2 siblings; ANGELA & JOHN NDERITU in equal shares and further that JOHN NDERITU to be at liberty to give up his share to any of the other beneficiaries.
7. LR 7741/285 is not available for distribution as the same had been transferred to MARTIN MATHENGE (Deceased’s) family inter-vivos.
8. In Re Estate of The Late GedionManthiNzioka (Deceased) [2015]eKLRwhich was relied on by the petitioners, Nyamweya J stated as follows:
“In law, gifts are of two types. There are the gifts made between living persons (gifts inter vivos), and gifts made in contemplation of death (gifts mortis causa). Section 31 of the Law of Succession Act provides as follows with respect to gifts made in contemplation of death:
…For gifts inter vivos, the requirements of law are that the said gift may be granted by deed, an instrument in writing or by delivery, by way of a declaration of trust by the donor, or by way of resulting trusts or the presumption of Gifts of land must be by way of registered transfer, or if the land is not registered it must be in writing or by a declaration of trust in writing. Gifts inter vivos must be complete for the same to be valid.”
9. Even though in the final orders the court directed that the suit property that is LR. 7741/286 is part of the Estate available for distribution, the court had earlier in the Judgment determined that the said property shall be “subject to two siblings:ANGELA NDERITU & JOHN NDERITU in equal shares” and the court even stated that JOHN NDERITU is at liberty to give up his share to any of the other beneficiaries.
10. I accordingly direct that the mode of distribution be amended accordingly to take into account the said orders.
11. I also direct that the former administrator files an accurate inventory as directed within 30 days of this dated and the same will show the properties available for distribution.
12. Summons for Confirmation also to proceed after the 30 days to enable the former Administrator to file the inventory.
13. The Case will be mentioned on 20/1/2020 for Confirmation of grant.
DELIVERED,DATED AND SIGNED IN OPEN COURT THIS 29THDAY OF NOVEMBER, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.