[2014] KEHC 8412 (KLR)
The court declined the applicant's request to sell the estate property, holding that the applicant, as trustee, must protect the interests of the minor beneficiary, G C. The court found that the applicant's responsibility to educate the children did not override the need to preserve the minor's interest in the...
Source-derived case information.
- Citation
- [2014] KEHC 8412 (KLR)
- Parties
- Applicant: M C R; Respondent: G C
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 184 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application to Sell Estate Property
- Outcome
- Application to sell estate property refused.
- Judges
- AO Muchelule
- Legal Topics
- Succession of Estates, Sale of Estate Property, Trusteeship, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M C R
Applicant
G C
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Sell Estate Property
Legal Issues
- 1 Whether the applicant should be allowed to sell the estate property to pay school fees for the beneficiaries.
- 2 Whether the interests of the minor beneficiary in the estate property are adequately protected.
Ratio Decidendi
The court declined the applicant's request to sell the estate property, holding that the applicant, as trustee, must protect the interests of the minor beneficiary, G C. The court found that the applicant's responsibility to educate the children did not override the need to preserve the minor's interest in the property. The court directed that the land be registered in the joint names of the applicant and the Deputy Registrar to hold in trust, as per the confirmed grant, until the beneficiaries are of age and can decide on disposal themselves. The sale agreement previously entered into was not regularised by the court, and the application to sell was refused in the interest of justice and...
Court Disposition
Application to sell estate property refused.
Orders
- The request to sell the estate property NGONG/NGONG/[particulars withheld] is declined.
- Land parcel NGONG/NGONG/[particulars withheld] to be registered in the joint names of the applicant and the Deputy Registrar to hold in trust as indicated in the confirmed grant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 184 OF 2012
IN THE MATTER OF THE ESTATE OF S C R (DECEASED)
IN THE MATTER OF APPLICATION OF M C R TO SELL
LR NO. NGONG/NGONG/[particulars withheld]
RULING
1. On 25th June 2008 the deceased S C R died intestate. He left the petitioner/applicant with four sons and two daughters. A grant of letters of administration was issued to the applicant on 4th June 2012. The same was confirmed on 20th November 2013. The terms of the grant were that the applicant be registered in regard of NGONG/NGONG/ [particulars withheld] for her own behalf and in trust for her daughters C C and G C.
2. The applicant has applied to be allowed to sell the parcel of land to be able to pay fees for G C, who is in form three at [particulars withheld] Girls Secondary School, and son C F, who is a 2nd year at University of Kabianga. Annexed to the application in support of the application was a sale agreement dated 30th May 2011 showing that the applicant was selling the property for kshs.1,000,000/= to one I M W. She had received kshs.700,000/= and Kshs.300,000/= was to be paid on the completion date. The completion date was to be 30 days from the confirmation of the grant. It would appear that the money (balance) has already been paid. The application is being made to regularise the transaction.
3. G C is a minor and the court has the responsibility to protect her registered interest in the property. F C had no stake in the estate.
4. The responsibility to educate the children left by the deceased fell on the applicant. I consider that she has adult children. I decline the request to sell the estate property NGONG/NGONG/ [particulars withheld]. When the children in regard to whom the applicant is holding the land in trust are both of age, they can make the decision to dispose of their portions. In the wider interest of justice, I direct that land parcel NGONG/NGONG/[particulars withheld] be registered in the joint names of the applicant and the Deputy Registrar to hold in trust as was indicated in the confirmed grant.
DATED and DELIVERED at NAIROBI this 22nd July 2014.
A.O. MUCHELULE
JUDGE