[2004] KEHC 2442 (KLR)
The court found that there would be no harm or prejudice to any party by granting the application to appoint both Tabitha Mbaire Njoroge and James Waweru Njoroge as joint trustees for the 1.5 acres of land allocated to Michael Mwaura, a beneficiary of unsound mind. The applicant's advanced age and ill health...
Source-derived case information.
- Citation
- [2004] KEHC 2442 (KLR)
- Parties
- Applicant: Tabitha Mbaire Njoroge; Respondent: Peninah Waweru Gaitho; Respondent: James Waweru Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1053 of 1996
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Distribution Order
- Outcome
- application granted
- Judges
- DW Mbuteti
- Legal Topics
- Trusteeship of Estate, Distribution of Estate, Review of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Mbaire Njoroge
Applicant
Peninah Waweru Gaitho
Respondent
James Waweru Njoroge
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Distribution Order
Legal Issues
- 1 Whether the court should review its previous order regarding the appointment of trustee(s) for the 1.5 acres allocated to Michael Mwaura.
- 2 Whether it is just and reasonable to appoint both Tabitha Mbaire Njoroge and James Waweru Njoroge as joint trustees for Michael Mwaura.
Ratio Decidendi
The court found that there would be no harm or prejudice to any party by granting the application to appoint both Tabitha Mbaire Njoroge and James Waweru Njoroge as joint trustees for the 1.5 acres of land allocated to Michael Mwaura, a beneficiary of unsound mind. The applicant's advanced age and ill health justified her request to share the responsibility of trusteeship. The court exercised its discretion to ensure the proper management of the trust for the benefit of Michael Mwaura, holding that the prayer was reasonable and just in the circumstances.
Court Disposition
application granted
Orders
- The 1.5 acres of land shall be registered in the joint names of Tabitha Mbaire Njoroge and James Waweru Njoroge to hold in trust for Michael Mwaura.
- No order as to costs.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO.1053 OF 1996
IN THE MATTER OF THE ESTATE OF NJOROGE MURAGU – (DECEASED)
RULING
On 24th October, 2003 this court (Waweru J.) ordered redistribution of the Deceased’s estate as set out in paragraph 2 of the said order. In sub-paragraph (iv) of that paragraph 1. 5 acres of land was allocated to MICHAEL MWAURA, a son of the Deceased of unsound mind, the same to be registered in the name of his mother, TABITHA MBAIRE NJOROGE, to hold the same in trust for him.
Tabitha has now come back to court by notice of motion dated 28th November 2003 seeking a review of the above-stated portion of the order so that instead of herself, another son of hers, JAMES WAWERU NJOROGE may be registered proprietor of the 1. 5 acres in trust for the said Michael Mwaura, or in the alternative both herself and James Waweru Njoroge be so registered. The application is brought under Order 44, rules 1 and 2 of the Civil Procedure Rules and also under Section 3A of the Civil Procedure Act, Cap.21.
Although the application is opposed by PENINAH WAWERU GAITHO, one of several other beneficiaries, it was conceded by her learned counsel during arguments that she will not be directly prejudiced by the order sought. It was also conceded that it was within the court’s unfettered discretion to appoint whomever it deems fit to act as the trustee of Michael. During the hearing of the application that resulted in the orders of 24th October, 2003 it was common ground that it is Tabitha and James Waweru Njoroge who jointly take care of Michael.
I have considered this matter. I cannot see any harm that may be done to anyone by granting the order sought. Tabitha wants to divest herself of the sole responsibility of managing Michael’s trust because she is old (being over 86 years old) and ailing and without the necessary energy. Her prayer is therefore reasonable and just in the circumstances. I will grant the application and order that instead of TABITHA MBAIRE NJOROGE alone, the 1. 5 acres of land shall be registered in her joint name with JAMES WAWERU NJOROGE to hold the same in trust for MICHAEL MWAURA. It is so ordered.
There will be no order as to the costs of this application.
DATED AND SIGNED AT NAIROBI THIS 17 TH DAY OF FEBRUARY, 2004.
H.P.G. WAWERU
JUDGE