[2020] KEHC 6762 (KLR)
The court found that, in the absence of any alternative proposal from the 1st Administrator and the failure of beneficiaries to appear or consent, it was appropriate to distribute the estate in accordance with the proposal set out in the summons for confirmation of grant. The court ordered that all eight properties...
Source-derived case information.
- Citation
- [2020] KEHC 6762 (KLR)
- Parties
- Applicant: Boniface Mwangangi Nthiwa; Respondent: Joseph Muthoka Nthiwa
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 984 of 2012
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate After Confirmation of Grant and Protest Dismissal
- Outcome
- Estate to be distributed as per the summons for confirmation of grant; administrators to hold properties in trust for beneficiaries.
- Judges
- BC Koech
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution, Trusteeship, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Mwangangi Nthiwa
Applicant
Joseph Muthoka Nthiwa
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate After Confirmation of Grant and Protest Dismissal
Legal Issues
- 1 Whether the estate should be distributed as proposed in the summons for confirmation of grant in the absence of beneficiary consent.
- 2 How to address the lack of proposals from one administrator regarding distribution.
- 3 Whether the administrators should hold the estate properties in trust for the named beneficiaries.
Ratio Decidendi
The court found that, in the absence of any alternative proposal from the 1st Administrator and the failure of beneficiaries to appear or consent, it was appropriate to distribute the estate in accordance with the proposal set out in the summons for confirmation of grant. The court ordered that all eight properties comprising the estate be registered in the names of the two administrators, Boniface Mwangangi Nthiwa and Joseph Muthoka Nthiwa, to hold in trust for the named beneficiaries. The court further directed the administrators to proceed with the distribution of the two disputed properties, Mbee/Kathiani/340 and 748, to the beneficiaries without further delay, as the court had...
Court Disposition
Estate to be distributed as per the summons for confirmation of grant; administrators to hold properties in trust for beneficiaries.
Orders
- All eight estate properties to be registered in the names of Boniface Mwangangi Nthiwa and Joseph Muthoka Nthiwa to hold in trust for the named beneficiaries.
- Administrators to proceed and distribute Mbee/Kathiani/340 and 748 to the beneficiaries without further delay.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
SUCCESSION CAUSE NO. 984 OF 2012
IN THE MATTER OF THE ESTATE OF THE LATE JOHN NTHIWA NTHENGE (DECEASED)
BONIFACE MWANGANGI NTHENGE............1STADMINISTRATOR/PROTESTOR
V E R S U S
JOSEPH MUTHOKA NTHENGE........................2ND ADMINSTRATOR/APPLICANT
RULING
1. This court vide its Ruling dated 2/04/2019 confirmed the grant in terms proposed by the Administrators vide paragraph 5 of the Affidavit in support of the summons for confirmation of grant sworn on the 4/06/2013. In the said ruling the court dismissed the 1st Administrator’s protest dated 29/11/2013. The court had further directed that the beneficiaries do appear in court to consent to the proposed mode of distribution since most of them appear not to have signed the consent to confirmation of grant. However none of the beneficiaries turned up despite the fact that they are all adults. Learned counsels took directions regarding the filing of proposed mode of distribution by each of the administrators. It is only the 2nd Administrator who filed an affidavit of distribution dated 16/07/2019 while the 1st administrator did not file any. It is also noted that the 2nd administrator has not made any proposal on the distribution of parcel Mbee/Kathiani/1094. The estate comprises of eight properties namely Mbee/Kathiani/415, 1072, 1094, 1119, 966,340, 748and1059. In the absence of the beneficiaries as well as lack of proposal by the 1st administrator, I find it is appropriate to have the estate distributed as prosed vide the summons for confirmation of grant namely that all the eight properties be registered in the names of Boniface Mwangangi NthiwaandJoseph Muthoka Nthiwa to hold in trust for the other beneficiaries named in the consent to confirmation of grant namely:-
Phoebe Mutio,
Julius Kimalu Nthiwa
Francis Kioko Nthiwa
Wilfred Mutuku Nthiwa
Willy Nthiwa Nthenge
Esther Katoko Nthiwa
Winnie Syomiti Nthiwa
Daniel Mumo Nthiwa
Maingi Nthiwa
Serah Nduku Nthiwa
Kalumbi Nthiwa
Dorothy Mukeli Nthiwa &
Nzula Nthiwa
As the court has already made a determination on the two properties in dispute namely Mbee/Kathiani/340and748 the administrators are hereby directed to proceed and distribute the properties to the said beneficiaries without any further delay.
It is so ordered.
Dated and Delivered at Machakos this 21st day of April, 2020.
D.K. Kemei
Judge