[2019] KEHC 11851 (KLR)
The court found that the preliminary objection was unsustainable because there was no dispute regarding the applicant's entitlement to the portion of the estate, as the sale was agreed upon by the family and included in the confirmed grant. The administrator had acknowledged the sale and was obligated under the Law...
Source-derived case information.
- Citation
- [2019] KEHC 11851 (KLR)
- Parties
- Applicant: Hannah Wanjiku; Respondent: Lucy Njoki Gichuru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2948 of 2013
- Procedural Posture
- Succession Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed with costs
- Judges
- AO Muchelule
- Legal Topics
- Succession, Administration of Estates, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Wanjiku
Applicant
Lucy Njoki Gichuru
Respondent
Procedural Posture
Succession Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the preliminary objection to the applicant's request for transfer of her portion of the estate is sustainable.
- 2 Whether the court has jurisdiction to supervise the distribution of the estate and enforce the certificate of confirmation.
Ratio Decidendi
The court found that the preliminary objection was unsustainable because there was no dispute regarding the applicant's entitlement to the portion of the estate, as the sale was agreed upon by the family and included in the confirmed grant. The administrator had acknowledged the sale and was obligated under the Law of Succession Act to transfer the portion to the applicant. The court emphasized its jurisdiction to supervise the distribution of the estate and ensure the administrator fulfills her duties. Accordingly, the preliminary objection was dismissed with costs.
Court Disposition
preliminary objection dismissed with costs
Orders
- The preliminary objection dated 12th September 2019 is dismissed with costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2948 OF 2013
IN THE MATTER OF THE ESTATE OF TABITHA NYAMBURA KINUTHIA (DECEASED)
HANNAH WANJIKU............................................APPLICANT
VERSUS
LUCY NJOKI GICHURU..................................RESPONDENT
RULING
1. The preliminary objection dated 12th September 2019 by the respondent/administrator Lucy Njoki Gichuru against the applicant Hannah Wanjiku is not sustainable. The deceased died intestate on 11th October 2001. She had 6 daughters. The administrator was one of them. She petitioned for, and was issued with, letters of administration intestate. The deceased had only one parcel Dagoretti/Rithumitu/589. Before the grant was confirmed, the administrator sold a portion of the land to the applicant. The family agreed with the sale, and at confirmation allowed the distribution to include the applicant as a beneficiary. A certificate was issued in which all the daughters and the applicant got each her portion. When the administrator refused and/or failed to transfer to the applicant her portion, the latter brought the application dated 17th October 2016 seeking that, among other things, the executive officer of this court be empowered to sign all papers to effect the transfer.
2. In short, this is not a dispute about the ownership of the plot in question. There is no outstanding dispute regarding the agreement signed between the administrator and the applicant. A court that has issued a certificate of confirmation must supervise the distribution of the estate and complete the administration of the estate by the administrator. The disputed portion is part of the estate of the deceased which the administrator has acknowledged she sold to the applicant and which she is obligated under the Law of Succession Act to pass on.
3. Consequently, this court has jurisdiction to hear and determine the application dated 17th October 2016. The preliminary objection dated 12th September 2019 is dismissed with costs.
DATED and SIGNED at NAIROBI this 28TH day of OCTOBER 2019
A.O. MUCHELULE
JUDGE