[2024] KEHC 6468 (KLR)
The court found that the 2nd Administrator's refusal to sign the transmission documents constituted a breach of his statutory duties under the Law of Succession Act and was prejudicial to the beneficiaries awaiting their rightful shares. To prevent further delay in a matter pending for 35 years, the court exercised...
Source-derived case information.
- Citation
- [2024] KEHC 6468 (KLR)
- Parties
- Applicant: Fredrick Kaburu Ikiugu; Respondent: John Kibiti M’turuchiu; Objector: Jane Naitore M’tuaruchiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 82 of 1989
- Procedural Posture
- Succession Cause / Ruling on Application for Authorization to Sign Transmission Documents and Provision of Security During Subdivision
- Outcome
- Application allowed with conditions.
- Judges
- TW Cherere
- Legal Topics
- Administration of Estates, Confirmation of Grant, Transmission of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Kaburu Ikiugu
Applicant
John Kibiti M’turuchiu
Respondent
Jane Naitore M’tuaruchiu
Objector
Procedural Posture
Succession Cause / Ruling on Application for Authorization to Sign Transmission Documents and Provision of Security During Subdivision
Legal Issues
- 1 Whether the court should authorize the Deputy Registrar to sign transmission documents on behalf of the 2nd Administrator who has declined to do so.
- 2 Whether the OCS Githongo should be directed to provide security during the subdivision of the estate.
Ratio Decidendi
The court found that the 2nd Administrator's refusal to sign the transmission documents constituted a breach of his statutory duties under the Law of Succession Act and was prejudicial to the beneficiaries awaiting their rightful shares. To prevent further delay in a matter pending for 35 years, the court exercised its discretion to authorize the Deputy Registrar to sign the necessary documents if the 2nd Administrator failed to do so within seven days. The court also directed the OCS Githongo to provide security during the subdivision to ensure the process was not disrupted, thereby facilitating the final distribution of the estate.
Court Disposition
Application allowed with conditions.
Orders
- If the 2nd Administrator declines to sign the transmission forms within 7 days of presentation, the Deputy Registrar is authorized to sign all necessary transmission documents on his behalf.
- The OCS Githongo Police Station is directed to provide security on the date scheduled for subdivision of the deceased’s estate.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Tuarachiu Marete alias M’turuchiu M’marete alias Turuchu s/o Marete (Deceased) (Succession Cause 82 of 1989) [2024] KEHC 6468 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6468 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 82 of 1989
TW Cherere, J
May 30, 2024
IN THE MATTER OF THE ESTATE OF TUARACHIU MARETE ALIAS M’TURUCHIU M’MARETE ALIAS TURUCHU s/o MARETE (DECEASED)
Between
Fredrick Kaburu Ikiugu
1st Administrator
John Kibiti M’turuchiu
2nd Administrator
and
Jane Naitore M’tuaruchiu
Objector
Ruling
1. The estate in this cause was distributed vide Certificate of Confirmation of Grant dated 30th July, 2008 which was subsequently rectified on 08th October, 2014
2. To date, the estate remains undistributed. Fredrick Kaburu Ikiugu (1st Administrator/Applicant) by notice of motion dated 08th April, 2024 supported by his affidavit of even date attributes the delay in the distribution of the estate to John Kibiti M’Turuchiu (2nd Administrator/Respondent) whom he accuses of declining to sign the transmission documents.
3. 1st Administrator/Applicant therefore prays that the deputy registrar of this court be authorized to sign the transmission documents on behalf of the 2nd Administrator/Respondent and for an order that the OCS Githongo provides security to the surveyor during subdivision of the estate.
4. The application was served on the 2nd Administrator/Respondent’s advocate on 09th April, 2024 and by the time of writing this ruling, no response had been filed.
5. I have considered the notice of motion in the light of the supporting affidavit. By declining to sign the transmission documents, 2nd Administrator/Respondent has breached Section 76 (d) (ii) of the Law of Succession Act. Additionally, his actions are prejudicial to the other beneficiaries who have a legitimate expectation to receive the rightful shares of deceased’s estate in this matter that has been pending for the last 35 years.
6. In the end, the notice of motion dated 08th April, 2024 is determined in the following terms:1. In the event that John Kibiti M’Turuchiu (2nd Administrator/Respondent) declines to sign the transmission forms within 7 days of their presentation to him, this court hereby authorizes and empowers the Deputy Registrar of this court to sign all the necessary transmission documents on his behalf to ensure that the estate of deceased is transmitted without further delay2. To ensure that the subdivision proceeds without interruption from any party, the OCS Githongo Police Station is directed to provide security on the date scheduled for subdivision of deceased’s estate3. Each party shall bear its own costs4. Mention 17th October, 2024 to confirm transmission
DELIVERED IN MERU THIS 30TH DAY OF MAY 2024WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor 1st Administrator/Applicant - Ms. Oteko for Mbaabu M’Inoti & Co. AdvocatesFor 2nd Administrator/Respondent - N/AFor Objector - N/A for Kaumbi & Co. Advocates