[2017] KEHC 1745 (KLR)
The court found that the respondent, as a co-administrator, was under a duty to cooperate in the administration of the estate, including the subdivision of the estate land as previously ordered by the court. The respondent's refusal to sign the mutation form was a clear act of disobedience of the court's earlier...
Source-derived case information.
- Citation
- [2017] KEHC 1745 (KLR)
- Parties
- Applicant: Christopher Caxton Gathogo Kariuki; Respondent: Mary Gathoni Gathogo
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 80 of 2017
- Procedural Posture
- Succession Cause / Ruling on Notice of Motion
- Outcome
- Application allowed. Orders granted as prayed.
- Judges
- RPV Wendoh
- Legal Topics
- Administration of Estates, Grant of Letters of Administration, Co Administrator Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Christopher Caxton Gathogo Kariuki
Applicant
Mary Gathoni Gathogo
Respondent
Procedural Posture
Succession Cause / Ruling on Notice of Motion
Legal Issues
- 1 Whether the Deputy Registrar should be allowed to sign the mutation form in place of the 2nd administrator to facilitate subdivision of the estate land.
- 2 Whether the respondent's refusal to sign the mutation form constitutes disobedience of a court order.
Ratio Decidendi
The court found that the respondent, as a co-administrator, was under a duty to cooperate in the administration of the estate, including the subdivision of the estate land as previously ordered by the court. The respondent's refusal to sign the mutation form was a clear act of disobedience of the court's earlier order. To prevent further frustration of the administration process and irreparable loss to the applicant, the court exercised its discretion to authorize the Deputy Registrar to sign the mutation form in place of the non-cooperating co-administrator. This ensures compliance with the court's orders and the efficient administration of the estate.
Court Disposition
Application allowed. Orders granted as prayed.
Orders
- The Deputy Registrar is allowed to sign page 2 and 4 of the mutation form in place of the 2nd administrator to enable the County Surveyor Nyandarua to proceed with subdivision.
- The applicant is at liberty to apply.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
SUCCESSION CAUSE NO.80 OF 2017
IN THE MATTER OF THE ESTATE OF GATHOGO WAGACHA ALIAS GATHOGO WAGACA – DECEASED
AND
MARY GATHONI GATHOGO…………………………………… APPLICANT
V E R S U S
CHRISTOPHER CAXSTON GATHOGO KARIUKI………….… RESPONDENT
R U L I N G
By the Notice of Motion dated 3/10/2016, the applicant, Christopher Caxton Gathogo Kariuki seeks the following orders:
(1) That the Deputy Registrar of this court be allowed to sign page 2 and 4 of the mutation form for the 2nd administrator to enable the County Surveyor Nyandarua to proceed;
(2) That the applicant be at liberty to apply;
The application is supported by the affidavit of the applicant and grounds found on the face of the application.
The court proceeded to hear the counsel for the applicant after it was satisfied that the respondent, Mary Gathoni who is a co-administrator in this matter, was served with the hearing notice but failed to attend.
The applicant deponed that on 28/7/2016, the court ordered the respondent to co-operate with the Nyandarua County Surveyor towards subdividing the parcel of land No.Nyandarua/Milangine/139, but that the respondent has refused to sign the mutation form and that is what has prompted this application; that if the court does not intervene, then the applicant stands to suffer irreparable loss.
Ms. Wangechi, counsel for the applicant argued that the applicant and respondent were joint administrators of the deceased’s estate but the respondent has refused to co-operate.
I have perused the record and confirm that on 28/7/2016, the Judge granted Prayer 2, 3, 4 and 5 of the application dated 19/7/2016 compelling the respondent;
(i) To co-operate with the surveyor Nyandarua County towards subdividing the subject land;
(ii) The County Surveyor be allowed to subdivide the land using the cross approach; and
(iii) That the county Surveyor be given security from Milangine Police Station.
In light of the above, I am satisfied that the respondent is trying to frustrate the applicant by disobeying the court’s order. The order sought is merited and it is granted in the following terms:
(1) That the Deputy Registrar of this court is hereby allowed to sign page 2 and 4 of the mutation form in place of the 2nd administrator to enable the County Surveyor Nyandarua proceed with subdivision;
(2) That the applicant be at liberty to apply;
(3) Costs be in the cause.
It is so ordered.
Dated and Signed at NYAHURURU this 31stday of July, 2017.
………………………………..
R.P.V. Wendoh
JUDGE
PRESENT:
Absent – Advocate for the Applicant/Respondent
Rupita - Court Assistant
Applicants – absent