[2018] KEHC 7090 (KLR)
The court found that the petitioner, Zaverio Kaburu Kiragu, had failed to cooperate with the co-administrator in executing the grant by refusing to sign transmission forms and contribute to survey fees, thereby obstructing the administration of the estate. The court held that this conduct justified his removal as...
Source-derived case information.
- Citation
- [2018] KEHC 7090 (KLR)
- Parties
- Petitioner: Zaverio Kaburu Kiragu; Objector: Flora Karimi Mirigo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 155 of 1992
- Procedural Posture
- Succession Cause / Ruling on Applications for Stay and Removal of Administrator
- Outcome
- Application for removal of administrator allowed; application for stay of execution dismissed.
- Legal Topics
- Administration of Estates, Removal of Administrator, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaverio Kaburu Kiragu
Petitioner
Flora Karimi Mirigo
Objector
Procedural Posture
Succession Cause / Ruling on Applications for Stay and Removal of Administrator
Legal Issues
- 1 Whether the petitioner should be removed as administrator for non-cooperation in executing the grant.
- 2 Whether a stay of execution should be granted pending appeal against the distribution of the estate.
Ratio Decidendi
The court found that the petitioner, Zaverio Kaburu Kiragu, had failed to cooperate with the co-administrator in executing the grant by refusing to sign transmission forms and contribute to survey fees, thereby obstructing the administration of the estate. The court held that this conduct justified his removal as administrator to enable execution of the grant. Regarding the application for stay of execution, the court determined that the applicant had not demonstrated that an appeal had been lodged, had not shown that substantial loss would occur if the estate was distributed, and had not offered security for costs. Consequently, the application for stay was found to be without merit. The...
Court Disposition
Application for removal of administrator allowed; application for stay of execution dismissed.
Orders
- The application dated 22.8.2017 for removal of the petitioner as administrator is allowed with costs.
- The application dated 30.8.2017 for stay of execution is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 155 OF 1992
IN THE MATTER OF THE ESTATE OF THE MUGWIRI
KIRAGU Alias J.MUTWIRI MUGUONGO – DECEASED
ZAVERIO KABURU KIRAGU................................PETITIONER
VS
FLORA KARIMI MIRIGO.........................................OBJECTOR
RULING
The deceased Mugwiri Kiragu alias Mutwiri Muguongo died on 6th August 1983. Zaverio Kaburu Kiragu petitioned for Letters of Administration to the estate of the deceased on 4th September 1992 with the consent of Kaaria Kirago Peter. From the Chief of Mitine Location in Kinoro the deceased was survived by
Zaverio Kaburu Kirago
Kaaria Kiragu Peter
Flora Karimi Kirigo
The net intestate estate is made up of:-
Shares with Igoji House Investment – Kshs 2,519
Land Title No. Igoji/Kinoro/694 4. 8 ha.
Applications pending before this court are dated 22nd August 2017 and 30th August 2017 seeking stay of orders made in Ruling of the court delivered on 8th June 2017 distributing the estate herein among the beneficiaries equally.
The 2nd Application dated 22nd August 2017 seeks that the petitioner Zaverio Kaburu Kiragu be removed as Administrator to the estate to enable execution of grant. It is averred in supporting affidavit that the 1st Administrator Zaverio has refused to cooperate with the 2nd Administrator to sign transmission forms and had also refused to contribute survey fees; further he had stopped from entering land to execute the subdivisions.
I have looked at the application dated 30. 8.2017. The applicant seeks stay of execution pending hearing and determination of appeal. There is nothing to show an appeal has been lodged. This applicant has not satisfied the court he is going to suffer substantial loss if the equal distribution of the estate among the beneficiaries is executed;
The applicant has not offered any security for costs. I do find the application is not merited. I do hereby order that the applicant herein complies with court orders to distribution of the estate by signing transmission forms and facilitate the survey, subdivision within 30 days from date of this ruling failing which his co-administrator will be allowed to go ahead and take necessary to steps to execute the court order with assistance of the OCS of the nearest police station.
Application dated 22. 8.2017 is allowed with costs. Application dated 30. 8.2017 is not allowed. Costs to the Respondents.
HON. A.ONG’INJO
JUDGE
Ruling Signed, Delivered and Dated this 4th Day of MAY 2018.
HON. A.ONG’INJO
JUDGE
In the presence of:
C/A: Penina
Mr Kaimenyi Advocate holding brief for Kimathi Kiara Advocate for Objector.
Mr Nyenyire Advocate holding brief for Mr Kirima Advocate for Petitioner.
HON. A.ONG’INJO
JUDGE