[2013] KEHC 1151 (KLR)
The court allowed the application for distribution of the estate on the basis that it was unopposed and supported by the administrator. The judge directed that the administrator distribute the estate within 30 days and granted liberty to apply in case of any challenges, ensuring compliance with the Law of Succession...
Source-derived case information.
- Citation
- [2013] KEHC 1151 (KLR)
- Parties
- Applicant: Njoroge Chege (Deceased); Respondent: Administrator (unnamed)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1715 of 1992
- Procedural Posture
- Succession Cause / Ruling on Unopposed Application for Distribution of Estate
- Outcome
- Application allowed as prayed.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Estate Distribution, Administrator Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njoroge Chege (Deceased)
Applicant
Administrator (unnamed)
Respondent
Procedural Posture
Succession Cause / Ruling on Unopposed Application for Distribution of Estate
Legal Issues
- 1 Whether the unopposed application for distribution of the estate should be allowed.
- 2 Whether the administrator should be granted liberty to apply in case of challenges during distribution.
Ratio Decidendi
The court allowed the application for distribution of the estate on the basis that it was unopposed and supported by the administrator. The judge directed that the administrator distribute the estate within 30 days and granted liberty to apply in case of any challenges, ensuring compliance with the Law of Succession Act and the interests of justice in expeditious administration of estates.
Court Disposition
Application allowed as prayed.
Orders
- The application dated 20th March 2013 is allowed in the terms proposed.
- The administrator shall distribute the estate in the next 30 days.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO: 1715 OF 1992
IN THE MATTER OF THE ESTATE OF NJOROGE CHEGE – (DECEASED)
RULING
As the application dated 20th March 2013 is not opposed by the respondent and has been supported by the administrator, I will hereby allow it in the terms proposed. The administrator shall distribute the estate in the next 30 days and in the event he faces any challenges in the process there shall be liberty to apply. The matter shall be mentioned after 30 days for compliance.
DATED, SIGNED and DELIVERED at NAIROBI this 8th DAY OF November, 2013.
W. M. MUSYOKA
JUDGE