[2019] KEHC 853 (KLR)
The court found that the joint administrators were unable to cooperate in managing the estate, particularly regarding rental income, and that continued conflict was detrimental to the estate's proper administration. To ensure transparency and accountability, the court exercised its discretion to appoint Mamuka...
Source-derived case information.
- Citation
- [2019] KEHC 853 (KLR)
- Parties
- Applicant: Hannah Gathoni Ruga; Respondent: Joyce Wangechi Ruga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1292 of 2017
- Procedural Posture
- Succession Cause / Ruling on Administration and Management of Estate
- Outcome
- Application for appointment of estate agent allowed; other prayers deferred or directed for negotiation.
- Judges
- A Ali-Aroni
- Legal Topics
- Estate Administration, Appointment of Administrator, Rental Income Management, Child Maintenance, Occupation of Matrimonial Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Gathoni Ruga
Applicant
Joyce Wangechi Ruga
Respondent
Procedural Posture
Succession Cause / Ruling on Administration and Management of Estate
Legal Issues
- 1 Whether an estate agent should be appointed to manage the rental properties of the deceased's estate.
- 2 Whether the applicant's children are entitled to school fees and maintenance from the estate at this stage.
- 3 How occupation and access to the Mukurweini home should be managed between the two families.
Ratio Decidendi
The court found that the joint administrators were unable to cooperate in managing the estate, particularly regarding rental income, and that continued conflict was detrimental to the estate's proper administration. To ensure transparency and accountability, the court exercised its discretion to appoint Mamuka Valuers (M) Limited as the estate agent to manage all income-generating assets, collect rent, pay outgoings as approved by the administrators, and remit the balance to a joint account. The court further held that it was premature to order payment of school fees and maintenance for the applicant's children without proper accounts, but granted liberty to apply within three months....
Court Disposition
Application for appointment of estate agent allowed; other prayers deferred or directed for negotiation.
Orders
- Mamuka Valuers (M) Limited appointed to manage all income-generating assets of the estate, collect rent, pay outgoings as approved by administrators, and remit balance to joint account.
- The appointed firm to render monthly accounts to counsel for the administrators by the 10th of each month.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI (FAMILY DIVISION)
SUCCESSION CAUSE NO 1292 OF 2017
IN THE MATTER OF THE ESTATE OF RUGA GITUKU
(DECEASED)
HANNAH GATHONI RUGA..................................................................APPLICANT
VERSUS
JOYCE WANGECHI RUGA..............................................................RESPONDENT
RULING
1. The deceased herein Ruga Gituku died intestate leaving behind two families who have since been embroiled in a tussle on the administration of the Estate as a result several applications have been filed. The applicant is his widow (2nd wife) and the respondent a daughter from his 1st wife, also deceased.
2. The Parties have been able to resolve some issues and the court on its part has granted several orders including an order requiring the joint administrators to appoint an firm to manage collection of rent on behalf of the estate and deposit the same in an account in the names of the joint administrators. The said order remains in force and has not been varied, set aside or discharged.
3. The issues pending determination as identified by parties include the appointment of an Estate agent to manage the rental premises, Payment of school fees and Maintenance of the applicant’s children and occupation and access of Mukurweini home-Gikondi/Kiirungi/681.
4. From the pleadings and conduct exhibited by the two families, they are completely at logger heads, the administrators are no better, as the two are pulling in different directions, obviously at the centre of this controversy is the rental income from the estate. Each administrator has her own list of assets and an alleged figure of income from the same. They certainly cannot manage the properties.
5. Appointment of a realtor to manage the properties by collecting rent, paying outgoings, following up arrears does not in any way interfere with the duties and obligations of the administrators as the realtor will account to the administrators and indeed the court. Despite the court order and several reminders, the respondent has declined to propose a firm of realtors. The Applicant on her part proposed three firms. Having considered the profile of the three firms the court hereby appoints Mamuka Valuers (M) Limited to generally manage the income generating assets of the estate, by collecting rent, paying outgoings as approved by the administrators and thereafter remitting the balance of the rent in to a joint account in the names of the administrators. The firm will render a monthly account not later than the 10th of every month to the counsel on record for the administrators.
6. As regards school fees and upkeep of the Applicants’ children it is premature in my view in the absence of proper accounts to make such an order. The applicant be at liberty to move the court on the issue within the next three months.
7. As regards occupation of the Mukurweini home in my view since both families claim an interest in the same as members of one family they should be able to agree on how the same can be shared and/or utilized by both families.
The house is five storeyed each of the families with adjustment ought to be able to occupy a portion of the same.
Counsel for the parties are directed to have a joint meeting forthwith with the parties to see how both families can access and occupy a portion of the huge home. Parties are warned that any interference with the portion set aside for the other will amount to contempt of this court’s order.
8. This being a family matter each party to meet their own costs.
SIGNED DATED AND DELIVERED IN OPEN COURT THIS 19TH DAY OF DECEMBER, 2019.
......................
ALI-ARONI
JUDGE