[2024] KEHC 6247 (KLR)
The court found that the prayers in the application dated 14th February 2023 were not merited as the property of the deceased vests in the personal representatives only upon the grant of representation. However, to safeguard the estate from possible mismanagement before the issuance of letters of administration, the...
Source-derived case information.
- Citation
- [2024] KEHC 6247 (KLR)
- Parties
- Applicant: Joy Rose K. Rimberia; Applicant: Priscilla K. Kathurima; Respondent: Murithi Stanley; Respondent: Henry Kinyua Kathurima
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E020 of 2022
- Procedural Posture
- Succession Cause / Ruling on Interim Application Regarding Management of Estate Rent Pending Grant of Letters of Administration
- Outcome
- Application dismissed in part; interim protective orders granted regarding estate rent.
- Judges
- TW Cherere
- Legal Topics
- Succession, Estate Administration, Interim Orders, Rent Collection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joy Rose K. Rimberia
Applicant
Priscilla K. Kathurima
Applicant
Murithi Stanley
Respondent
Henry Kinyua Kathurima
Respondent
Procedural Posture
Succession Cause / Ruling on Interim Application Regarding Management of Estate Rent Pending Grant of Letters of Administration
Legal Issues
- 1 Whether the court should grant the prayers in the application dated 14th February 2023 regarding collection and management of rent from the estate pending issuance of letters of administration.
- 2 How to safeguard the estate from mismanagement before the grant of letters of administration.
Ratio Decidendi
The court found that the prayers in the application dated 14th February 2023 were not merited as the property of the deceased vests in the personal representatives only upon the grant of representation. However, to safeguard the estate from possible mismanagement before the issuance of letters of administration, the court exercised its inherent jurisdiction to direct that all rents accruing to the estate, including those collected by the agent, be deposited in a rent deposit account to be opened in the joint names of the Petitioners and one of the Applicants as agreed. This measure ensures the preservation of estate assets for the benefit of all beneficiaries pending the final grant of...
Court Disposition
Application dismissed in part; interim protective orders granted regarding estate rent.
Orders
- Prayers (e) and (f) in the application dated 14th February 2023 are dismissed as not merited.
- All rents accruing to the estate, including those collected by the agent, shall be deposited in a rent deposit account to be opened in the joint names of the Petitioners and one of the Applicants as agreed within 10 days.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Rimberia Rangau Stanley alias Rimberia Rangau K. Stanley (Deceased) (Succession Cause E020 of 2022) [2024] KEHC 6247 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6247 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause E020 of 2022
TW Cherere, J
May 23, 2024
IN THE MATTER OF THE ESTATE OF RIMBERIA RANGAU STANLEY alias RIMBERIA RANGAU K. STANLEY (DECEASED)
Between
Joy Rose K. Rimberia
1st Petitioner
Priscilla K. Kathurima
2nd Petitioner
and
Murithi Stanley
1st Applicant
Henry Kinyua Kathurima
2nd Applicant
Ruling
Background 1. It has been brought to the attention of the court that the publication of this cause is pending gazettement.
2. Under Section 79 of the Act provides that the property of a deceased person vests in his personal representative as follows:The executor or administrator to whom representation has been granted shall be the personal representative of the deceased for all purposes of that grant, and, subject to any limitation imposed by the grant, all the property of the deceased shall vest in him as personal representative.
3. The issue in dispute relates to collection of rent from the estate which rent belongs to the estate for the benefit of the beneficiaries.
4. I have considered prayers (e) and (f) in the application dated 14th February 2023 being the only pending issues for determination and I find that they are not merited.
5. However, and in order to protect the estate from mismanagement pending the issuance of the Letters of Administration and vesting of the estate on the administrators, this court directs that all rents accruing to the estate including the rents collected by the agent shall be deposited in a rent deposit account to be opened in the joint names of the Petitioners and one of the Applicants as the Applicants may agree, in the next 10 days from today’s date. The cost of the cause shall be paid from the said rent account.
6. Mention on 03rd October, 2024 to confirm compliance and for further orders.
7. Parties are at liberty to apply.
DELIVERED AT MERU THIS 23RD DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Petitioners - Ms. Athieno for J.K.Ntarangwi & Co. AdvocatesFor Applicants - Mrs. Mutegi for Mutegi Mugambi & Co. Advocates