[2013] KEHC 6803 (KLR)
The court found that since all but one of the beneficiaries are adults, the trust holding the estate property is no longer necessary for their benefit. The estate should therefore be distributed and vested in the names of the individual adult beneficiaries as per the certificate of confirmation of grant. However,...
Source-derived case information.
- Citation
- [2013] KEHC 6803 (KLR)
- Parties
- Applicant: Virginia Njeri Njenga; Respondent: Children of Humphrey Njenga Mwangi (including Jane Muthoni Njenga)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2717 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application to Dissolve Trust and Vest Estate Shares
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Succession of Estates, Trust Dissolution, Minor Beneficiaries, Distribution of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Njeri Njenga
Applicant
Children of Humphrey Njenga Mwangi (including Jane Muthoni Njenga)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Dissolve Trust and Vest Estate Shares
Legal Issues
- 1 Whether the trust holding the estate property should be dissolved and the property vested in the individual beneficiaries.
- 2 How to handle the share of the minor beneficiary, Jane Muthoni Njenga.
Ratio Decidendi
The court found that since all but one of the beneficiaries are adults, the trust holding the estate property is no longer necessary for their benefit. The estate should therefore be distributed and vested in the names of the individual adult beneficiaries as per the certificate of confirmation of grant. However, the share of the minor, Jane Muthoni Njenga, must remain in trust under her mother, Virginia Njeri Njenga, until Jane attains the age of eighteen, in compliance with the Law of Succession Act. The application was unopposed and the court saw no reason to deny the orders sought.
Court Disposition
application allowed
Orders
- The trust holding the estate property is dissolved except as to the share of Jane Muthoni Njenga.
- The estate is to be distributed and vested in the names of the individual beneficiaries as per the certificate of confirmation dated 27th September 2010.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 2717 OF 2008
IN THE MATTER OF THE ESTATE OF HUMPHREY NJENGA MWANGI alias HUMPHREY NJENGAMWANGI – (DECEASED)
RULING
The application dated 15th February 2013 is brought
at the instance of the administrator of the estate of Humphrey Njenga Mwangi deceased.
At the confirmation of the grant on 27th September 2010, it was directed that the bulk of the landed property be divided equally between the seven (7) children of the deceased, but in the meantime be held in trust by their mother, Virginia Njeri Njenga, for the said children.
The administrators now ask that the said trust be dissolved so that the estate is divided as proposed in the certificate of confirmation dated 27th September 2010 and thereafter be vested in the names of the individual beneficiaries.
The application is not opposed. The children are all adults, except one. They should get their respective shares so that they can utilise them for the good of the Kenyan economy.
In the circumstances, I will allow the application in the terms proposed. As Jane Muthoni Njenga is still a minor, her share shall remain in trust under her mother Virginia Njeri Njenga, until such time the minor shall turn eighteen.
Costs shall been the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 8th DAY OF November, 2013.
W. M. MUSYOKA
JUDGE