[2022] KEHC 9898 (KLR)
The court found that the respondent's refusal to sign the transfer forms was unjustified because an existing court order already restrained the applicant and interested party from selling or otherwise dealing adversely with their respective portions of the estate pending the determination of the intended appeal. The...
Source-derived case information.
- Citation
- [2022] KEHC 9898 (KLR)
- Parties
- Applicant: Stella Wambui Ngángá; Respondent: Peter Kiogora Kareria; Interested Party: Faith Makena Mwari
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 361 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Authorization to Sign Transfer Forms
- Outcome
- summons allowed
- Judges
- TW Cherere
- Legal Topics
- Succession, Administration of Estates, Duties of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stella Wambui Ngángá
Applicant
Peter Kiogora Kareria
Respondent
Faith Makena Mwari
Interested Party
Procedural Posture
Succession Cause / Ruling on Summons for Authorization to Sign Transfer Forms
Legal Issues
- 1 Whether the respondent's refusal to sign transfer forms frustrates the distribution of the estate.
- 2 Whether the court administrator should be authorized to sign transfer forms on behalf of the respondent.
- 3 Whether the respondent's concerns about potential sale of the land are valid in light of existing court orders.
Ratio Decidendi
The court found that the respondent's refusal to sign the transfer forms was unjustified because an existing court order already restrained the applicant and interested party from selling or otherwise dealing adversely with their respective portions of the estate pending the determination of the intended appeal. The respondent's actions were therefore in violation of his statutory duties as an administrator under Section 83 of the Law of Succession Act, which requires the distribution of the estate in accordance with the law and court orders. The court concluded that the applicant's summons had merit and authorized the court administrator to sign the necessary transfer forms on behalf of...
Court Disposition
summons allowed
Orders
- The Court Administrator shall sign the necessary transfer forms on behalf of the 2nd Administrator/Respondent.
- The respondent shall bear the costs of this summons.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Samuel Muriuki M’Ibara (Deceased) (Succession Cause 361 of 2014) [2022] KEHC 9898 (KLR) (7 July 2022) (Ruling)
Neutral citation: [2022] KEHC 9898 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 361 of 2014
TW Cherere, J
July 7, 2022
IN THE MATTER OF THE ESTATE OF SAMUEL MURIUKI M’IBARA (DECEASED)
Between
Stella Wambui Ngángá
Applicant
and
Peter Kiogora Kareria
Protestor
and
Faith Makena Mwari
Interested Party
Ruling
Background 1. By an order dated 31st March, 2022, this court distributed deceased’s estate comprised in LR. No. Ntima/Igoki/6058 as follows:a)1/8 acre toFaith Makena Mwarib)Balance to Stella Wambui Ngángá
Summons 2. By summons dated 26th May, 2022, Applicant complains that Respondent who is the 2nd Administrator has declined to sign relevant forms thereby frustrating distribution of the estate and seeks an order that the Administrator of this court be authorized to sign the forms on behalf of the Respondent.
3. By his response dated 27th June, 2022, 2nd Administrator/Respondent avers that he did not sign the transfer documents because there is real danger that the Applicant and Interested Party might sell the land in question which move will frustrate the appeal.
Analysis and determination 4. I have considered the summons in the light of the affidavits on record. Respondent’s contention that the Applicant and Interested Party might sell the land in the estate is not merited for the reason that this court on 28th April, 2022 issued an order restraining the Applicant and Interested Party from selling, disposing off or in any adverse manner dealing with their respective portions pending the hearing and determination of the intended appeal and/or until any and or further orders of this court.
5. From the foregoing, I find the Respondent’s refusal to sign the relevant forms violates the provisions of Section 83 of the Law of Succession Act concerning his duties as an administrator among them distribution of the estate.
6. I therefore find merit in the summons dated 26th May, 2022 and order that: -1)The Court Administrator of this court shall sign the necessary transfer forms on behalf of the 2nd Administrator/Respondent2)Respondent shall bear the costs of this summons.
DATED AND DELIVERED IN MERU THIS 07 TH DAY OF JULY 2022WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Carlpeters for Carlpeters Mbaabu & Co. AdvocatesFor Respondent - Mr. Thangichia for Thangichia M. David & Co. AdvocatesFor Interested Party - Mr. Ashaba for Mutuma Gichuru & Associates