[2019] KEHC 9751 (KLR)
The court found that the death of the executor, Jeremiah Kibe Mureu, left part of the estate of Eli John Mbure unadministered. Evidence was provided of the executor's death and the outstanding assets. The applicant, Sabina Wairimu Mbure, demonstrated a legitimate interest as widow and beneficiary, and the need to...
Source-derived case information.
- Citation
- [2019] KEHC 9751 (KLR)
- Parties
- Applicant: Sabina Wairimu Mbure; Respondent: Jeremiah Kibe Mureu (deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 64 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application for Appointment of Executor and Rectification of Grant
- Outcome
- petition allowed
- Judges
- AG Ndung'u
- Legal Topics
- Probate and Administration, Appointment of Executor, Rectification of Grant, Trustees for Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sabina Wairimu Mbure
Applicant
Jeremiah Kibe Mureu (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Appointment of Executor and Rectification of Grant
Legal Issues
- 1 Whether the applicant should be appointed as executor of the estate in place of the deceased executor.
- 2 Whether trustees should be substituted for minor beneficiaries in place of the deceased executor.
- 3 Whether the rectified certificate of confirmation of grant should be further rectified to reflect the changes.
Ratio Decidendi
The court found that the death of the executor, Jeremiah Kibe Mureu, left part of the estate of Eli John Mbure unadministered. Evidence was provided of the executor's death and the outstanding assets. The applicant, Sabina Wairimu Mbure, demonstrated a legitimate interest as widow and beneficiary, and the need to complete administration in accordance with prior court-approved terms. The court held that it was necessary and merited to appoint the applicant as executor and to substitute trustees for the minor beneficiaries, to give effect to the grant of probate and ensure proper administration of the estate. The orders sought were granted to facilitate completion of the estate's...
Court Disposition
petition allowed
Orders
- Sabina Wairimu Mbure is appointed as executor of the estate of Eli John Mbure in place of Jeremiah Kibe Mureu.
- Mary Wambui Mbure and Annrose Muthoni Wainaina are appointed trustees of EKK, SKK and NJK (all minors).
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 64 OF 1994
IN THE MATTER OF THE ESTATE OF THE ELI JOHN MBURE (DECEASED)
RULING
1. This ruling is in respect of the petition dated 12/9/2018 in which Sabina Wairimu Mbure in her capacity as a widow and one of the beneficiaries of the estate of the deceased seeks a grant of probate of assets unadministered of the estate of Eli John Mbure who died on 20/3/1993 limited to that part of the said estate remaining unadministered and further that the rectified certificate of confirmation of grant issued herein to Jeremiah Kibe Mureu be further rectified.
2. It is the applicant’s case that on 26/2/2015 Jeremiah Kibe Mureu was appointed as executor of the deceased’s estate in substitution of Amos Njoroge Ndegwa, the original executor who died on 28/10/2008.
3. The said Jeremiah Kibe Mureu has since died (date of death 2/5/2018) leaving part of the estate of the deceased unadminstered. A copy of death certificate is exhibited.
4. It is averred that only assets devolving to the estate of Susan Kabon Bure also known as Susan John Bure remain to be administered.
5. The applicant intends to distribute the assets aforesaid on terms approved by court in the proceedings relating to the estate of Susan Kabon Bure in the following manner;
NAMEDESCRIPTION OF PROPERTY SHARE
Mary Wambui Mbure Gilgil/Gilgil Block 1/31276 To hold in trust for the
& AnnRose Muthoni Wainaina (Kikopey) following minors till their
(in place of Jeremiah Kibe age of majority:-
Muriu, deceased) EKK
SKK
NJK
Jeremiah Kibe Mureu Gilgil/Gilgil Block 1/31271 Whole
(Kikopey)
Francis Maina Njoroge Gilgil/Gilgil Block 1/31270 Whole
(Kikopey)
Mary Wambui Mbure Rare/Teret/Block 1/2313 Whole
6. It is prayed that the applicant be appointed as executor of the deceased’s estate in place of Jeremiah Kibe Mureu (deceased) and that Mary Wambui Mbure and Annrose Muthoni Wainaina be appointed as trustees of the minor beneficiaries in place of Jeremiah Kibe Mureu with regard to Gilgil Block 1/31276 Kikopey.
7. I have considered the petition and the affidavit in support. There is evidence that Jeremiah Kibe Mureu has since passed on. There is evidence too that part of the estate remains unadministered thus the need to appoint an executor to complete the administration of the estate.
8. It has also been established that there is need to substitute Mary Wambui Mbure and Annrose Muthoni Wainaina as trustees for EKK, SKK and NJK in place of Jeremiah Kibe Mureu.
9. The orders sought are necessary and merited to give effect to the grant of probate and complete the administration of the estate.
10. I accordingly allow the petition and make the following orders;
1. Sabina Wairimu Mbure is appointed as executor of the estate of Eli John Mbure in place of Jeremiah Kibe Mureu.
2. Mary Wambui Mbure and Annrose Muthoni Wainaina are appointed trustees of EKK, SKK and NJK (all minors).
3. The appointed executor is to proceed with the administration of the unadministered part of the estate within the terms approved by court in proceedings related to the estate of Susan Kabon Bure.
4. Costs of the petition be in the cause.
DatedandDeliveredatNakuruthis13thday ofFebruary, 2019.
A. K. NDUNG'U
JUDGE