[2017] KEHC 9708 (KLR)
The court held that once the applicant obtained letters of administration, all property of the deceased vested in her, and she alone was responsible for its management, including collection of rent and payment of debts. The respondent, having no letters of administration, had no authority to collect rent or...
Source-derived case information.
- Citation
- [2017] KEHC 9708 (KLR)
- Parties
- Applicant: M N M; Respondent: G M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 97 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Accounts and Restraint Orders
- Outcome
- application allowed
- Judges
- AO Muchelule, REA Ougo
- Legal Topics
- Succession Administration, Intermeddling With Estate, Grant of Letters of Administration, Dependants Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M N M
Applicant
G M M
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Accounts and Restraint Orders
Legal Issues
- 1 Whether the respondent intermeddled with the deceased's estate contrary to the Law of Succession Act.
- 2 Whether the applicant, as administratrix, is entitled to exclusive management and control of the estate property pending determination of the revocation application.
- 3 Whether the respondent should be compelled to account for dealings with the estate property.
Ratio Decidendi
The court held that once the applicant obtained letters of administration, all property of the deceased vested in her, and she alone was responsible for its management, including collection of rent and payment of debts. The respondent, having no letters of administration, had no authority to collect rent or otherwise deal with the estate property. His actions constituted intermeddling under the Law of Succession Act. The court found that the applicant was entitled to exclusive management and control of the estate property pending determination of the revocation application. The respondent was ordered to account for all dealings with the estate and restrained from further involvement with...
Court Disposition
application allowed
Orders
- The respondent shall, within 30 days, render a true and accurate account of all dealings with the estate, including rent received and payments made.
- The respondent and his agents are restrained from receiving or collecting rent due to the estate until the cause is heard and determined.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 97 OF 2017
IN THE MATTER OF D M G
M N M……APPLICANT /ADMINISTRATIX
VERSUS
G M M………………………...RESPONDENT
RULING
1. The deceased DMG died intestate on 5th July 2016 at Tigoni. He was survived by a widow MNM (the applicant) and KKM (a son). On 25th January 2017 the applicant petitioned this court for the grant of letters of administration intestate. The grant was issued to her on 20th March 2017, and confirmed on 20th June 2017. The properties in the estate were land parcel KJD/Kaputiei North[particulars withheld] measuring about 0. 0863Ha and money in A/c No.[particulars withheld] at Equity Bank, Tom Mboya Branch. The two beneficiaries were to share the estate equally.
2. On 1st September 2017 the deceased’s father GGM (the respondent) applied to have the grant revoked and/or annulled. His case was that he and the deceased’s mother MWG were dependants who had not been provided for, and who had not been made aware of the petition leading to the grant. They stated that the applicant had, before the deceased’s death, filed a petition to divorce him; and that soon after the deceased was served with the petition he was murdered. The applicant disappeared following the death, and did not even attend the burial. Their contention was that the applicant was no longer the wife of the deceased, and therefore could not benefit from the estate. That application is awaiting hearing.
3. On 19th September 2017 the applicant filed the present application seeking that the respondent be committed to civil jail for intermeddling with the deceased’s property; be ordered to provide account of his dealings with the estate; be restrained from the management and control of the property KJD/Kaputiei North/[particulars withheld], or collecting rent therefrom. It appears that the deceased had 500 shares in [particulars withheld] Construction Company. She sought that the respondent be restrained from selling or charging the shares.
4. The response by the respondent was that since the applicant did not attend the deceased’s burial she had ceased to be his wife and therefore had no claim to the estate; that the money paid by the tenants of KJD/Kaputiei North/[particulars withheld] was being used to repay a loan the deceased had at Equity Bank, Tom Mboya Branch.
5. Mr. Kakunga for the applicant and Ms Nakhungu for the respondent argued the application before me. I have considered their submissions.
6. It is basic that once the applicant obtained letters of administration over the estate of the deceased, all the property in the estate was placed under her charge. Under sections 79and83 of the Law of Succession Act (Cap 160) she was to get all the free property of the deceased, including all debts owing to him and moneys payable to his estate by reason of his death. It became her responsibility to ascertain and pay, out of the deceased’s estate, all his debts.
7. It follows that the tenants on KJD/Kaputiei North/[particulars withheld] were, following the appointment, supposed to pay all due rent to the applicant; and that the applicant was the one to repay whatever loan that was owed to Equity Bank.
8. To the extent that the respondent had no letters of administration over the estate of the deceased, his dealing with the estate by collecting rent or applying the same in whatever manner amounted to intermeddling with the estate. He can be prosecuted for this.
9. This being the case, I allow the application dated 17th September 2017 and order the respondent to, within 30 days from today, render a true and accurate account of his dealing with the estate of the deceased, including accounting for all monies received as rent and the payments made in respect thereof. Further, I make an order restraining him, and his agents, from further receiving or collecting rent due to the estate until this cause is heard and determined. Lastly, the management and control of the property KJD/Kaputiei North/[particulars withheld], including the collection of rent from tenants thereon, shall be the business of the applicant.
10. Cost of the application shall be borne by the respondent.
DATED and SIGNED at NAIROBI this 7TH day of NOVEMBER 2017
A.O. MUCHELULE
JUDGE
DATED and DELIVERED at NAIROBI this 9TH day of NOVEMBER 2017
R.E. OUGO
JUDGE