[2008] KEHC 3649 (KLR)
The court found that there had been an unreasonable delay in finalizing the estate, with no dispute raised and the administrator failing to respond to the application or attend court. To bring the matter to a close and ensure the beneficiaries receive their entitlements as per the confirmed grant, the court...
Source-derived case information.
- Citation
- [2008] KEHC 3649 (KLR)
- Parties
- Applicant: Tabitha Mbaka M’Mbijiwe; Administrator: M’Nkanata M’Tuaruchiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 305 of 1995
- Procedural Posture
- Succession Cause / Post Confirmation Application for Execution of Transfer Documents
- Outcome
- Application allowed. Orders granted as sought with alternative execution by court officer if administrator fails.
- Judges
- SP Ouko
- Legal Topics
- Succession, Administration of Estates, Grant Confirmation, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Mbaka M’Mbijiwe
Applicant
M’Nkanata M’Tuaruchiu
Administrator
Procedural Posture
Succession Cause / Post Confirmation Application for Execution of Transfer Documents
Legal Issues
- 1 Whether the administrator can be compelled to execute transfer documents for the beneficiaries as per the confirmed grant.
- 2 Whether the court can authorize the Executive Officer to execute the documents if the administrator fails or refuses.
Ratio Decidendi
The court found that there had been an unreasonable delay in finalizing the estate, with no dispute raised and the administrator failing to respond to the application or attend court. To bring the matter to a close and ensure the beneficiaries receive their entitlements as per the confirmed grant, the court exercised its discretion to order the administrator to arrange for survey and execute all relevant documents for transfer within two months. Should the administrator fail or refuse, the Executive Officer of the Meru High Court is authorized to execute the documents in place of the administrator. This ensures the administration of the estate is not frustrated by the inaction of the...
Court Disposition
Application allowed. Orders granted as sought with alternative execution by court officer if administrator fails.
Orders
- The administrator shall arrange for the survey of the two parcels of land and execute all relevant documents to effect transfer to the beneficiaries within two months.
- If the administrator fails or refuses, the Executive Officer, Meru High Court, is authorized to execute the relevant documents in place of the administrator.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Succession Cause 305 of 1995
IN THE ESTATE OF PAUL M’TUARUCHIU M’RUBUINE (DECEASED)
M’NKANATA M’TUARUCHIU .………................... ADMINISTRATOR
TABITHA MBAKA M’MBIJIWE ..…….. APPLICANT/BENEFICIARY
RULING
M’Ringera M’Twaruchiu petitioned for a grant of representation in October 1995 in respect of the estate of Paul M’Tuaruchiu. He died on 12th October 1999 before the grant could be issued. This court (Onyancha, J) appointed M’Nkanata M’Twaruchiu to replace M’Ringera M’Twaruchiu, I suppose as a legal representative. On 22nd February 2007 the grant was confirmed.
One of the dependants of the deceased, Paul M’Twaruchiu, is Tabitha Mbaka. She has brought the present application seeking that the administrator be ordered to sign the relevant documents to effect transfer of the parcels of land contained in the certificate of confirmation. She explains that the administrator has ignored and/or refused to execute the same.
The applicant is seeking in the alternative that the Executive Officer of this court be empowered by the court to sign the relevant documents should the administrator prove difficult or refuse. The application was duly served on the administrator who failed to respond to it or attend the court when it was canvassed.
There has been a long delay in finalizing this cause. It was filed over 10 years ago. There has been no dispute in it. In order to bring it to a close and in exercise of my discretion, it is ordered that the administrator shall arrange for the survey of the two parcels of land and thereafter execute all the relevant documents to effect the transfer to the beneficiaries. This must be done within two (2) months from today’s date, failing which the Executive Officer, Meru High Court is authorized by this order to execute the relevant documents in place of the administrator.
I make no orders as to costs.
Dated and delivered at Meru this 15th day of February 2008.
W. OUKO
JUDGE