[2024] KEHC 6472 (KLR)
The court held that the shares of the deceased beneficiary, Erick Mwenda Muriithi, should vest in his estate and not be redistributed in the current succession cause. The court further determined that the appointment of an administrator for Erick Mwenda Muriithi's estate and the issue of signatory to the rent...
Source-derived case information.
- Citation
- [2024] KEHC 6472 (KLR)
- Parties
- Applicant: SKM (Minor) thro mother and next friend Carol Daisy Mwenda Ngai; Respondent: SNM; Petitioner: Lucy Kinanu Muriithi; Petitioner: Dr George Koome Muriithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2009
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- Application declined.
- Judges
- TW Cherere
- Legal Topics
- Succession of Estates, Confirmation of Grant, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKM (Minor) thro mother and next friend Carol Daisy Mwenda Ngai
Applicant
SNM
Respondent
Lucy Kinanu Muriithi
Petitioner
Dr George Koome Muriithi
Petitioner
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the shares of the deceased beneficiary, Erick Mwenda Muriithi, should be redistributed in this cause or vest in his estate.
- 2 Whether Carol Daisy Mwenda Ngai should be appointed as administrator of Erick Mwenda Muriithi's estate and as signatory to the rent account.
Ratio Decidendi
The court held that the shares of the deceased beneficiary, Erick Mwenda Muriithi, should vest in his estate and not be redistributed in the current succession cause. The court further determined that the appointment of an administrator for Erick Mwenda Muriithi's estate and the issue of signatory to the rent account must be addressed in a separate succession cause for his estate, which is yet to be filed. Accordingly, the chamber summons seeking such orders in the present cause was declined.
Court Disposition
Application declined.
Orders
- The chamber summons dated 22nd February, 2024 seeking appointment of Carol Daisy Mwenda Ngai as administrator of the estate of Erick Mwenda Muriithi and signatory to the rent account is declined.
- The Certificate of Confirmation of Grant issued on 20th August, 2013 shall be rectified to the extent that Erick Mwenda Muriithi’s shares shall vest in his estate.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Silas Muriithi Mugambi (Succession Cause 23 of 2009) [2024] KEHC 6472 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6472 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 23 of 2009
TW Cherere, J
May 30, 2024
Between
SKM (Minor) thro mother and next friend Carol Daisy Mwenda Ngai)
Applicant
and
SNM
Respondent
and
Lucy Kinanu Muriithi
Petitioner
Dr George Koome Muriithi
Petitioner
Ruling
1. The estate in this matter was distributed vide the Certificate of Confirmation in this issued on 20th August, 2013 and out of the estate, five assets were distributed to Erick Mwenda Muriithi (Deceased Beneficiary).
2. Following the death of Erick Mwenda Muriithi on 18th July, 2023, this court by an order dated 25th January, 2024 declined to redistribute the shares of Erick Mwenda in this cause and directed that the Certificate of Confirmation of Grant issued on 20th August, 2013 shall be rectified to the extent that Erick Mwenda Muriithi’s shares shall vest in his estate.
3. The issue of who shall be the administrators of the estate of Erick Mwenda Muriithi shall no doubt be determined in his estate whose cause is yet to be filed. Similarly, the issue of appointment of the Applicant herein as signatory of the rent account accruing from the estate of Erick Mwenda Muriithi, which account is yet to be opened ought to be determined in the matter of the estate of Erick Mwenda Muriithi.
4. Consequently, the chamber summons dated 22nd February, 2024 that seeks appointment of Carol Daisy Mwenda Ngai as an administrator of the estate of Erick Mwenda Muriithi and signatory to the rent account that is yet to be opened is declined.
DATED AT MERU THIS 30TH DAY OF MAY 2024WAMAE. T. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr. Mugo for I.C.Mugo & Co. AdvocatesFor Respondent - Ms. Athieno for J.K.Ntarangwi & Co. Advocates& Ms. Nelima for J.Nelima Associates & AdvocatesFor Petitioners - Ms. Mugo for Gichunge Muthuri & Co. Advocates