[2014] KEHC 6537 (KLR)
The court determined that, given the ongoing dispute regarding the validity of the respondent's status as a beneficiary and the pending application for revocation of grant, it was necessary to preserve the estate assets and ensure equitable management of the rental properties. Both parties have acknowledged their...
Source-derived case information.
- Citation
- [2014] KEHC 6537 (KLR)
- Parties
- Applicant: Maurice J. Sijenje; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 18 of 1968
- Procedural Posture
- Succession Cause / Interlocutory Application for Preservation Orders Pending Revocation of Grant
- Outcome
- interlocutory orders granted for preservation of estate assets pending determination of revocation application
- Judges
- HK Chemitei
- Legal Topics
- Succession Estate Management, Grant Revocation, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice J. Sijenje
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Preservation Orders Pending Revocation of Grant
Legal Issues
- 1 Whether the respondent should be restrained from collecting rent from the estate properties pending determination of the revocation application.
- 2 Whether the rent collected from the estate properties should be preserved in a joint account managed by advocates.
- 3 Whether an estate agent should be appointed to manage the rental premises for the estate.
Ratio Decidendi
The court determined that, given the ongoing dispute regarding the validity of the respondent's status as a beneficiary and the pending application for revocation of grant, it was necessary to preserve the estate assets and ensure equitable management of the rental properties. Both parties have acknowledged their interests in the properties and have previously benefited from them. To prevent further conflict and possible mismanagement, the court ordered that all rental income be deposited into a joint account managed by the advocates for both parties, and that an estate agent be appointed by mutual agreement to manage the properties. These measures are to remain in place pending the...
Court Disposition
interlocutory orders granted for preservation of estate assets pending determination of revocation application
Orders
- A joint account shall be opened in the names of Bruce Odeny & Co. Advocates and Mwamu & Co. Advocates for deposit of all monthly rents from the estate properties.
- An estate agent shall be appointed by the parties to manage the rental premises.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
SUCCESSION CAUSE NO. 18 OF 1968
IN THE MATTER OF THE ESTATE OF JECKONIA SIJENJE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BYMAURICE J. SIJENJE.................APPLICANT
R U L I N G
The applicant by the chamber summons dated 22-11-2013 prays among others that the respondent be stopped from meddling with the estate properties namely Kisumu Municipality Block 5/248 and 253 in particular collecting the rent from the premises situate therein.
The other prayer is that the rent collected be put in the account of the firm of Bruce Odeny & Co. Advocates.
The affidavit in support states that the respondent is not a beneficiary to the estate having been born after the deceased had died and therefore the grant he is holding ought to be revoked. Infact, there is a pending application for the revocation of the said grant.
The respondent has filed a replying affidavit sworn on 17-1-2014 together with those of Esther Chelagat and Henry Tulo. In support. They have collectively argued that the respondent is the biological son of the deceased contrary to the applicant's contention.
The issue of eligibility or otherwise of the respondent being the deceaseds son and therefore a beneficiary for now is not an issue. There is an application for the annulment of grant dated 1-10-2013 which is yet to be canvassed. I shall in the premises not deal with that question for now.
The issue that concerns this application is the management of the rental properties situate in the above named properties. From the annextures to the respondent's affidavit it is apparently clear that both parties in this matter have somewhat enjoyed benefits from the properties. Both recognised that they have equal interest in the properties. However they seemed to have disagreed on the management of the same.
The respondent on the other hand has no problem with the opening of a joint account where the rent can be deposited by the tenants.
Taking into consideration the issues herein and having read the parties written submissions and while awaiting the prosecution of the objection proceedings and for the preservation of the estate I do make the following orders:
1) That a joint account be opened in the names of the firm of Bruce Odeny & Co. Advocates and M/S Mwamu & Co. Advocates where all the monthly rents shall be deposited.
2) An estate agent be appointed by the parties to manage the rental premises.
3) Upon collecting the rent the said estate agent should deposit the cheque to the account opened in (1) above where the said counsels on record shall release the amount collected to their respective clients appropriately.
4) Parties be at liberty to apply.
5) Costs in the cause.
Dated, signed and delivered at Kisumu this 24th day of February, 2014.
H.K. CHEMITEI JUDGE