[2019] KEHC 9314 (KLR)
The court found that with the new information on record, particularly the acknowledgment that rent had been collected by various beneficiaries over time and that some had handed over collections to the widow until her death, it was prudent to review and set aside the previous orders. The court determined that the...
Source-derived case information.
- Citation
- [2019] KEHC 9314 (KLR)
- Parties
- Applicant: Stanley Mathu Gicheru; Applicant: Moses Muthiora Gicheru; Applicant: Stephen Kinoru; Respondent: James Kamau Gicheru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 376 of 1983
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Orders
- Outcome
- application for review allowed; previous orders set aside
- Judges
- A Ali-Aroni
- Legal Topics
- Estate Administration, Distribution of Estate, Review of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stanley Mathu Gicheru
Applicant
Moses Muthiora Gicheru
Applicant
Stephen Kinoru
Applicant
James Kamau Gicheru
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Orders
Legal Issues
- 1 Whether the court's order of 17th September 2018 should be reviewed and set aside.
- 2 Whether the appointment of an estate agent and requirement for accounting for rent was justified.
- 3 How the estate of Susan Wairimu Gicheru should be distributed among beneficiaries.
Ratio Decidendi
The court found that with the new information on record, particularly the acknowledgment that rent had been collected by various beneficiaries over time and that some had handed over collections to the widow until her death, it was prudent to review and set aside the previous orders. The court determined that the most appropriate course was to consider the proposals for distribution of the estate among the family members of Susan Wairimu Gicheru, rather than enforce the previous order requiring accounting for rent and appointment of an estate agent.
Court Disposition
application for review allowed; previous orders set aside
Orders
- The orders issued by the court on 17th September 2018 are reviewed and set aside.
- Parties are at liberty to address the court on their various proposals on a date to be fixed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 376 OF 1983
IN THE MATTER OF THE ESTATE OF PETER GICHERU KAGOCHO
(DECEASED)
STANLEY MATHU GICHERU............................................1ST APPLICANT
MOSES MUTHIORA GICHERU ......................................2ND APPLICANT
STEPHEN KINORU.............................................................3RD APPLICANT
VERSUS
JAMES KAMAU GICHERU...................................................RESPONDENT
R U L I N G
1. The application before court is dated 12th October 2018 seeking a review of this court’s order of 17th September, 2018 that required the administrators and beneficiaries to account for rent collected and appointment of an estate agent to collect rent and thirdly for distribution of the estate on the part of the house of Susan Wairimu Gicheru.
2. The grounds for review are that the order was made on the basis of non-disclosure of all relevant facts; that different beneficiaries have been collecting rent over time since the 1970’s. It will cause hardship to most of the beneficiaries if the order is not reviewed, the appointment of agents likewise as the rent collected is negligible. Further that before her demise the widow alongside the applicant was co-administrators. Lastly the interest of justice will be served by immediate distribution of the estate.
3. The only person who objected to the application was the respondent/, co-administrator who in addressing the court appeared to agree that rent has been collected by different beneficiaries over time and the fact that some of the beneficiaries did indeed collect and handed over to the widow upto 2017 when the widow died.
4. With information now on record I do agree that the most prudent Idea for now is to consider the various proposals filed and proceed to determine the issue of distribution of the estate amongst members of Susan Wairimu Gicheru’s family. Consequently, the orders issued by this court on the 17th of September 2018 are hereby reviewed and set aside.
Parties at liberty to address the court on their various proposals on a date to be fixed.
Dated and Delivered in Nairobi on this 14th day of March 2019
.......................
ALI-ARONI
JUDGE