[2019] KEHC 2198 (KLR)
The court declined the application for partial confirmation of the grant because the applicants failed to comply with the previous court order requiring them to provide valuation reports and searches for the properties in the estate. The court found that no sufficient basis had been laid for the partial...
Source-derived case information.
- Citation
- [2019] KEHC 2198 (KLR)
- Parties
- Applicant: Nellie Muthoni Mburu; Applicant: Robinson Kahura Mburu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1957 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application for Partial Distribution
- Outcome
- Application for partial confirmation declined.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Estate Administration, Grant Confirmation, Partial Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nellie Muthoni Mburu
Applicant
Robinson Kahura Mburu
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Partial Distribution
Legal Issues
- 1 Whether the court should allow partial distribution of the estate to enable disposal of a property for the benefit of elderly beneficiaries.
- 2 Whether the administrators have complied with previous court orders regarding valuation and searches of the estate properties.
Ratio Decidendi
The court declined the application for partial confirmation of the grant because the applicants failed to comply with the previous court order requiring them to provide valuation reports and searches for the properties in the estate. The court found that no sufficient basis had been laid for the partial distribution, as there was neither compliance with the order nor proof of the alleged medical needs. The court emphasized that its earlier order remained binding and that compliance was a prerequisite for any further consideration of distribution applications.
Court Disposition
Application for partial confirmation declined.
Orders
- Parties are directed to obtain the relevant searches and valuation of the properties within 45 days of the date hereof.
- A mention date be fixed to inform court of the outcome within 45 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1957 OF 1998
IN THE MATTER OF THE ESTATE OF SAMUEL MBURUKAHURA aka MBURU KAHURA (DECEASED)
NELLIE MUTHONI MBURU
ROBINSON KAHURA MBURU.....................APPLICANTS
R U L I N G
1. The application subject of this ruling is dated 19th December 2018. The same seeks for partial distribution of the estate so as to allow the administrators urgently dispose of one of the property they claim the deceased was on the verge of selling before his demise.
2. In the affidavit in support sworn by Nellie Muthoni and Robinson Kahura they state that monies are needed to cater for medical needs of elderly beneficiaries.
3. This court was first moved on the 30th of September 1998 the deceased Samuel Kahura alia Mbura Kahura having died on the 7th of February 1996. The was grant issued on 1st December 1998; 21 years ago.
4. The said grant was challenged by the widow Nellie Muthoni Mburu who was successful and the said grant nullified. She was then appointed together with one Robinson Kahura Mburu as administrators by a consent order dated 8th March 2004; 15 years back.
5. On the same date 8th March 2004 by consent of the parties the two administrators were to meet in order to discuss the mode of distribution.
6. An application for confirmation was filed on the 20th of June, 2005 wherein thirty properties were listed for purposes of distribution. In the proposed distribution the property subject matter was to go partially to minor children of the deceased, however the matter stalled as no proof of ownership was filed.
On the 6th of October 2004 the court directed parties to provide valuation reports and searches for the properties.
7. To date the court order of the 6th of October 2004 has not been complied with. The said order remains binding on all parties and as relevant as it was 15 years ago.
8. Further no reason has been placed before court for non-compliance, nor proof of illness as alleged.
9. For the above reason the partial confirmation is declined as no basis has been laid for the same.
10. Parties are directed to obtain the relevant searches and valuation of the properties within 45 days of the date hereof.
11. A mention date be fixed to inform court of the outcome within 45 days.
Dated and Delivered in Nairobi on this 14TH day of NOVEMBER 2019.
.........................
ALI-ARONI
JUDGE