[2020] KEHC 3816 (KLR)
The court found that the administration of the estate was being hindered by the lack of cooperation among the administrators, as evidenced by the applicant's affidavit and the absence of responses from most respondents. The court emphasized the duty of administrators to act in the best interests of the estate and to...
Source-derived case information.
- Citation
- [2020] KEHC 3816 (KLR)
- Parties
- Applicant: Protus Masibo Watibini; Respondent: Concepta Nanjala Watibini; Respondent: Veronica Watibini; Respondent: Patrick Wafula Watibini
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 82 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Authorization to Sign Estate Documents
- Outcome
- Application partially allowed.
- Judges
- HK Chemitei
- Legal Topics
- Administration of Estates, Grant of Letters of Administration, Duties of Administrators, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Protus Masibo Watibini
Applicant
Concepta Nanjala Watibini
Respondent
Veronica Watibini
Respondent
Patrick Wafula Watibini
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Authorization to Sign Estate Documents
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign estate documents due to non-cooperation of some administrators.
- 2 Whether the administrators have fulfilled their duties in managing the estate without hindrance.
Ratio Decidendi
The court found that the administration of the estate was being hindered by the lack of cooperation among the administrators, as evidenced by the applicant's affidavit and the absence of responses from most respondents. The court emphasized the duty of administrators to act in the best interests of the estate and to avoid any actions that could lead to its wastage. To ensure the smooth administration of the estate, the court granted all parties 30 days to sign the necessary documents. Should any administrator fail or refuse to sign within this period, the Deputy Registrar was authorized to sign on their behalf. This decision was made to prevent further delays and to safeguard the estate...
Court Disposition
Application partially allowed.
Orders
- All administrators are granted 30 days to sign all necessary paperwork for the estate, including documents from the County Surveyor and Safaricom.
- If any administrator fails or refuses to sign within 30 days, the Deputy Registrar is authorized to sign on their behalf.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
SUCCESSION CAUSE NO. 82 OF 2011
IN THE MATTER OF THE ESTATE OF THE LATE WENSLAUS WATIBINI - (DECEASED)
PROTUS MASIBO WATIBINI....................................APPLICANT/1ST ADMINISTRATOR
VERSES
CONCEPTA NANJALAWATIBINI.........................1ST RESPONDENT /ADMINISTRATOR
VERONICA WATIBINI............................................2ND RESPONDENT/ADMINISTRATOR
PATRICK WAFULAWATIBINI.............................3RD RESPONDENT /ADMINISTRATOR
RULING
1. The Applicant as well as the Respondents are joint Administrators of their deceased father’s estate herein. The Applicant has filed an application dated 16th March 2020 in which he has prayed that the Deputy Registrar of this court be authorised to sign the necessary documents in respect to the estate as the rest of the Administrators/Respondents have refused to do so and they have been uncooperative.
2. The sworn affidavit dated the same date deponed that the rest of the beneficiaries as well as the Respondents have mostly disposed part of their interest in the estate and that is why they are not keen to sign the necessary documentations. Some of these documents include those from Safaricom as well as the County Surveyor. He did attach some of the communication he has had with them.
3. The 3rd Administrator has filed his replying affidavit sworn on 29th June 2020 in which he has denied being uncooperative and that in fact he has actively participated in the affairs of the estate. He said that he has securely fenced the family homestead and discussed the issue of the employees pending bills. He is surprised that the applicant has cited him to be uncooperative. In a nutshell he deponed that he was available at all times to undertake his duties as an Administrator.
4. The rest of the Respondents did not file any documents despite being served. In the opinion of this court the issues are very clear and all that the parties need to do is to ensure that the estate is managed without any let or hindrance. There could be some obvious differences between the parties but that should not lead to the estate being wasted.
5. In the premises, the parties herein are granted 30 days to sign all the necessary paperwork whether it is from the County Surveyor or Safaricom so as to ensure smooth running of the estate. In the event that any of the Administrators is unable to sign within the above period or in any way refuse to cooperate then the Deputy Registrar of this court shall be at liberty to sign his or her part.
6. Being a family issue each party shall meet their respective costs.
Dated, signed and delivered in open court at Kitale this 16th day of July 2020.
_________________
H. K. CHEMITEI
JUDGE
16/7/2020