[2008] KEHC 1734 (KLR)
The court found that the respondent's persistent refusal to cooperate in the administration of the estate has stalled distribution since 2004. However, in the interests of fairness and due process, the court determined that the respondent should be given a final opportunity to appear and present his position on the...
Source-derived case information.
- Citation
- [2008] KEHC 1734 (KLR)
- Parties
- Applicant: Hesbon Esemeré Gadamba; Respondent: Laban Anzenze Katamba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 479 of 2004
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Summons for Removal of Co Administrator
- Outcome
- Interlocutory orders issued; final determination deferred pending respondent's appearance or default.
- Judges
- DA Onyancha
- Legal Topics
- Succession, Administration of Estates, Removal of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Esemeré Gadamba
Applicant
Laban Anzenze Katamba
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Summons for Removal of Co Administrator
Legal Issues
- 1 Whether the respondent should be removed as co-administrator for failure to cooperate in administering the estate.
- 2 How the estate of the deceased should be distributed given the deadlock between the parties.
Ratio Decidendi
The court found that the respondent's persistent refusal to cooperate in the administration of the estate has stalled distribution since 2004. However, in the interests of fairness and due process, the court determined that the respondent should be given a final opportunity to appear and present his position on the distribution of the estate. Should the respondent fail to attend the next hearing, the court will proceed to hear the applicant and determine the mode of distribution in the respondent's absence. The court emphasized the importance of both parties filing proposals for distribution and directed that the respondent be served with this ruling and a hearing notice.
Court Disposition
Interlocutory orders issued; final determination deferred pending respondent's appearance or default.
Orders
- Hearing of summons for revocation set for 30th June, 2008.
- Each party to file proposal for distribution of the estate within 30 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 479 of 2004
IN THE MATTER OF ESTATE OF LABAN KATAMBA MMBOGA (DECEASED)
HESBON ESEMERE GADAMBA. ……………....................…………. APPLICANT
VERSUS
LABAN ANZENZE KATAMBA. ………………....................………. RESPONDENT
R U L I N G
I have examined the court record. The Respondent was served through his wife who received the hearing notice although she declined to sign. The summons before the court however, is for the removal of the co-administrator because he has refused to co-operate to administer the estate. The coincidental point is that the applicant and the respondent appear to be the only beneficiaries of the estate of the deceased. The main issue therefore is distribution. In refusing to co-operate, the respondent has made distribution impossible since 2004. Hence the need to have the respondent in court to state his view as to how the deceased’s estate should be distributed.
In the court’s view, the Respondent should be inclined to give the respondent the last chance to appear in court and propose his stand on how the estate should be distributed. If he fails to turn up during next hearing date, the court will proceed to hear the applicant and proceed to decide the mode of distribution, the absence of the respondent notwithstanding. The Respondent is accordingly hereby given notice to that effect and should therefore take this ruling seriously and attend court on the next hearing date.
ORDER
1. Hearing of summons for Revocation on 30th June, 2008.
2. Each party to file proposal for distribution of the estate within 30 days.
3. This ruling and a hearing notice to be served upon the Respondent within 14 days, by Vihiga court Process-Server.
Dated and delivered at Nairobi on 19th May 2008.
………………………………..
D A ONYANCHA
JUDGE