[2018] KEHC 1122 (KLR)
The court found that the respondent had failed to comply with its directive to agree on a management company for the estate assets within the stipulated period. Given the respondent's non-responsiveness and opposition, the court determined that the applicant should be permitted to proceed with the appointment of any...
Source-derived case information.
- Citation
- [2018] KEHC 1122 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 325 of 2016
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Management of Estate Assets
- Outcome
- Applicant allowed to appoint a management company if no agreement is reached within 7 days.
- Judges
- A Ali-Aroni
- Legal Topics
- Estate Management, Administration of Estates, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Management of Estate Assets
Legal Issues
- 1 Whether the parties complied with the court's directive to agree on a reputable management company for the estate assets.
- 2 Whether the applicant should be allowed to unilaterally appoint a management company in the absence of agreement.
Ratio Decidendi
The court found that the respondent had failed to comply with its directive to agree on a management company for the estate assets within the stipulated period. Given the respondent's non-responsiveness and opposition, the court determined that the applicant should be permitted to proceed with the appointment of any of the proposed reputable management companies if no agreement is reached within a further seven days. This decision was made to ensure the proper management and preservation of the estate assets pending further orders, and to uphold the authority of the court's orders in succession proceedings.
Court Disposition
Applicant allowed to appoint a management company if no agreement is reached within 7 days.
Orders
- If no agreement is reached by the parties within 7 days, the applicant is allowed to pick any of the proposed management companies for the management of the estate pending further orders of the court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI (FAMILY DIVISION)
SUCCESSION CAUSE NO 325 OF 2016
IN THE MATTER OF THE ESTATE OF JIMMY PALURAM
JAGATRAMBABURAM (DECEASED)
RULING
1. By a ruling dated 4th of October 2018 the court directed the parties to agree within ten (10) days on a reputable management company to collect, consolidate and manage the assets of the Estate until further orders of the court.
2. The matter was mentioned on the 24th of November 2018 more than 50 days thereafter but the Respondent had not responded to proposals sent or made any counter proposals. The court senses defiance on the part of the Respondent as the idea of a management company had been opposed by the said party.
3. The applicant had proposed 3 management companies namely;
i. U.A.P Old Mutual
ii. I.C.E.A
iii. Britam
4. Against the court ruling and the sentiments above the Applicant is hereby allowed, if no agreement is reached upon by the parties with in 7 days of the date hereof to pick any of the above mentioned for the management of the Estate pending further orders of the Court.
Dated and Delivered in Nairobi this 20th day of December 2018
.....................
ALI-ARONI
JUDGE