[2014] KEHC 7582 (KLR)
The court found that, given the pending application for revocation of grant and the allegations of detrimental acts by the administrator, it is fair and just to preserve the status quo. This ensures that all family members continue to occupy their respective portions of the estate property without interference until...
Source-derived case information.
- Citation
- [2014] KEHC 7582 (KLR)
- Parties
- Applicant: Mary Njoki; Applicant: Monica Njeri; Applicant: Sophia Njambi; Respondent: Administrator of the Estate of Wainaina Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1287 of 2004
- Procedural Posture
- Succession Cause / Ruling on Application for Preservatory Orders Pending Revocation of Grant
- Outcome
- Application for preservatory orders allowed.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Revocation of Grant, Estate Administration, Preservatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Njoki
Applicant
Monica Njeri
Applicant
Sophia Njambi
Applicant
Administrator of the Estate of Wainaina Njoroge
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Preservatory Orders Pending Revocation of Grant
Legal Issues
- 1 Whether the applicants are entitled to preservatory orders pending the hearing and determination of the revocation application.
- 2 Whether the administrator should be restrained from acts detrimental to the applicants' occupation and enjoyment of the estate property.
Ratio Decidendi
The court found that, given the pending application for revocation of grant and the allegations of detrimental acts by the administrator, it is fair and just to preserve the status quo. This ensures that all family members continue to occupy their respective portions of the estate property without interference until the substantive issues regarding the revocation of the grant are resolved. The court exercised its discretion to grant preservatory orders in the interest of justice and to prevent possible prejudice to the applicants.
Court Disposition
Application for preservatory orders allowed.
Orders
- The application dated 1st November 2012 is allowed in terms of prayer 4.
- The administrator is directed to maintain status quo pending hearing and determination of the revocation application dated 10th May 2004.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 1287 OF 2004
IN THE MATTER OF THE ESTATE OF WAINAINA NJOROGE – (DECEASED)
RULING
1. There is a pending application in this cause for the revocation of the grant made on 8th January 1993 in Kiambu Principal Magistrate Court Succession Cause No. 1 of 1992. The said application is dated 19th May 2004 and is brought at the instance of Mary Njoki, Monica Njeri and Sophia Njambi.
2. Pending hearing and determination of the summons dated 10th May 2004, the applicants to that application have moved this court, in a summons dated 1st November 2012, for preservatory orders. They complain that the administrator of the estate is doing acts that are detrimental to their occupation and enjoyment of the estate property pending the hearing and determination of the revocation application.
3. In reply to the application, the administrator swore an affidavit on 13th June 2012. He denies the allegations made by the applicants.
4. I take note of the pendency of the revocation application. Pending the distribution of the estate it is only fair that members of the family of the deceased be allowed to continue occupying the portion of the estate property that they have possession of.
5. I will allow the application dated 1st November 2012 in terms of prayer 4 of the application. The administrator is hereby directed to maintain status quo pending hearing and determination of the revocation application dated 10th May 2004.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE