[2015] KEHC 1229 (KLR)
The court found it necessary to vary its earlier ruling to ensure that all rental income from the disputed property is preserved and managed transparently for the benefit of the estate. The court granted the applicants' prayer for tenants to deposit all rents from Plot No. Meru Municipality Block 11/210 into a joint...
Source-derived case information.
- Citation
- [2015] KEHC 1229 (KLR)
- Parties
- Applicant: Justus Thiora Kiugu; Applicant: David Kubania Kiugu; Applicant: Julius Kathurima Kiugu; Applicant: Ayub Mwiti Kiugu; Applicant: Edward Maitethia Kiugu; Respondent: Joyce Nkatha Kiugu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 81 of 2015
- Procedural Posture
- Civil Case / Ruling on Application to Vary Previous Orders and for Management of Rental Income
- Outcome
- Application granted in part; previous ruling varied; interim management orders issued.
- Judges
- FM Njoroge
- Legal Topics
- Estate Administration, Interim Orders, Joint Account Management, Rental Income Control
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Thiora Kiugu
Applicant
David Kubania Kiugu
Applicant
Julius Kathurima Kiugu
Applicant
Ayub Mwiti Kiugu
Applicant
Edward Maitethia Kiugu
Applicant
Joyce Nkatha Kiugu
Respondent
Procedural Posture
Civil Case / Ruling on Application to Vary Previous Orders and for Management of Rental Income
Legal Issues
- 1 Whether the applicants are entitled to an order directing tenants to deposit rental income from Plot No. Meru Municipality Block 11/210 into a joint account.
- 2 Whether the oral application by the plaintiffs' former advocates to cease acting should be allowed.
Ratio Decidendi
The court found it necessary to vary its earlier ruling to ensure that all rental income from the disputed property is preserved and managed transparently for the benefit of the estate. The court granted the applicants' prayer for tenants to deposit all rents from Plot No. Meru Municipality Block 11/210 into a joint account in the names of Justus Thiora Kiugu and the firm of Kiautha Arithi, Advocates, with both parties as signatories. The court also allowed the oral application by the plaintiffs' former advocates to cease acting, directing that future service be effected on the plaintiffs personally. These measures were deemed appropriate to safeguard the interests of all beneficiaries...
Court Disposition
Application granted in part; previous ruling varied; interim management orders issued.
Orders
- Prayer 3 in the application dated 9.10.2015 is granted: all rents/earnings from Plot No. Meru Municipality Block 11/210 to be deposited in a joint account in the names of Justus Thiora Kiugu and the firm of Kiautha Arithi, Advocates.
- Both parties to be signatories to the joint account.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 81 OF 2015 (OS)
IN THE MATTER OF THE ESTATE OF M'IKIUGU M'MWIRICHIA ALIAS IKUGU MWIRICHIA – DECEASED
JUSTUS THIORA KIUGU...........................................1ST PLAINTIFF/APPLICANT
DAVID KUBANIA KIUGU.........................................2ND PLAINTIFF/APPLICANT
JULIUS KATHURIMA KIUGU..................................3RD PLAINTIFF/APPLICANT
AYUB MWITI KIUGU................................................4TH PLAINTIFF/APPLICANT
EDWARD MAITETHIA KIUGU................................5TH PLAINTIFF/APPLICANT
VERSUS
JOYCE NKATHA KIUGU...........................................DEFENDANT/RESPONDENT
R U L I N G
My ruling dated 12th day of October, 2015 is varied in order to read as follows:
Prayer 3 in the application dated 9. 10. 2015 is granted to the Applicants and the Tenants in Plot No. Meru Municipality Block 11/210 do deposit all the rents/earnings in a joint account in the names of:
Justus Thiora Kiugu and the firm of Kiautha Arithi, Advocates.
Both parties will be signatories to the account
The oral application by the firm of Maitai Rimita & Company Advocates to Cease acting for the plaintiffs is allowed and henceforth the firm of Kiautha Arithi & Co. Advocates will effect service on the plaintiffs personally.
The Joint account referred to in order 1 above shall be opened within 14days.
Directions on 11. 11. 2015.
It is so ordered.
Delivered in Open Court at Meru this 26th day of October, 2015 in the presence of:
Cc. Daniel/Lilian
All plaintiffs
Kiautha Arithi for defendant
P. M. NJOROGE
JUDGE