[2021] KEHC 7145 (KLR)
The court found that since all beneficiaries are adults and have consented to the proposed distribution, there is no legal impediment to terminating the trust and distributing the properties as agreed. The court exercised its discretion to grant the prayers sought in the application, noting the absence of opposition...
Source-derived case information.
- Citation
- [2021] KEHC 7145 (KLR)
- Parties
- Applicant: Mr. Muturi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 15 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application to Terminate Trust and Distribute Estate
- Outcome
- Application granted. Trust terminated and properties to be distributed as per beneficiaries' consent. No order as to costs.
- Judges
- MM Kasango
- Legal Topics
- Succession, Grant of Letters of Administration, Distribution of Estate, Termination of Trust
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. Muturi
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Terminate Trust and Distribute Estate
Legal Issues
- 1 Whether the trust created in the confirmed grant should be terminated as requested by the adult beneficiaries.
- 2 Whether the properties held in trust should be distributed in accordance with the beneficiaries' consent.
Ratio Decidendi
The court found that since all beneficiaries are adults and have consented to the proposed distribution, there is no legal impediment to terminating the trust and distributing the properties as agreed. The court exercised its discretion to grant the prayers sought in the application, noting the absence of opposition and the consensus among beneficiaries.
Court Disposition
Application granted. Trust terminated and properties to be distributed as per beneficiaries' consent. No order as to costs.
Orders
- Prayer 1 and 2 of the summons dated 3rd November, 2020 are granted.
- The trust created in the confirmed grant is terminated.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
SUCCESSION CASE NO. 15 OF 2019
IN THE MATTER OF THE ESTATE OF STEPHEN KAMAU GITAU (DECEASED)
RULING
1. A confirmed Grant of Letters of Administration intestate was issued in respect to this Estate on 29th August, 2020 by this Court. In that confirmed Grant, four properties were held in trust.
2. An application dated 3rd November, 2010 seeks that the said trust be terminated and the properties be distributed in the portions the beneficiaries have consented to by the beneficiaries who are all adults, I willingly grant the prayer as sought.
3. Accordingly, I grant prayer 1 and 2 of the summons dated 3rd November, 2020. There shall be no order as to costs to that application.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 13TH DAY OF MAY, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant……………..Ndege
Applicant: …………………Mr. Muturi
Respondent: …………….....
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE