[2019] KEHC 5444 (KLR)
The court found that the administratrix, Jane Wanjiru Kiarie, had failed to fulfill her statutory and fiduciary duties by refusing to execute the necessary documents to effect the distribution of the estate as ordered by the court. The court emphasized that the administration of an estate must be brought to a...
Source-derived case information.
- Citation
- [2019] KEHC 5444 (KLR)
- Parties
- Applicant: Mary Njoki Kamau; Respondent: Jane Wanjiru Kiarie
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 16 of 2007
- Procedural Posture
- Civil Appeal / Ruling on Summons for Completion of Administration
- Outcome
- Application allowed; orders granted as prayed.
- Legal Topics
- Administration of Estates, Confirmation of Grant, Distribution of Land, Executor Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Njoki Kamau
Applicant
Jane Wanjiru Kiarie
Respondent
Procedural Posture
Civil Appeal / Ruling on Summons for Completion of Administration
Legal Issues
- 1 Whether the administratrix, Jane Wanjiru Kiarie, should be compelled to complete the administration of the deceased's estate by executing necessary transfer documents.
- 2 Whether the Deputy Registrar should be authorized to execute the documents if the administratrix fails to comply.
- 3 Whether the certificate of confirmation of grant should be rectified to reflect the correct share for Mary Njoki Kamau.
Ratio Decidendi
The court found that the administratrix, Jane Wanjiru Kiarie, had failed to fulfill her statutory and fiduciary duties by refusing to execute the necessary documents to effect the distribution of the estate as ordered by the court. The court emphasized that the administration of an estate must be brought to a conclusion and that beneficiaries are entitled to their shares without undue delay. Since the respondent did not oppose the application and there was a valid, unchallenged court order for distribution, the court allowed the application. The administratrix was ordered to execute the required forms within 60 days, failing which the Deputy Registrar would be authorized to do so. The...
Court Disposition
Application allowed; orders granted as prayed.
Orders
- The administratrix is ordered to sign all necessary transfer forms, including forms R.L. 7 and R.L. 19, and provide passport photographs, PIN number, and National ID Cards within 60 days; in default, the Deputy Registrar shall execute the same.
- The rectified certificate of confirmation indicating that Mary Njoki Kamau’s share was equal to other beneficiaries is to be amended and rectified to read 1.3 acres, with the balance shared equally among the other beneficiaries as per the court's judgment of 29th September 2017.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO. 16 OF 2007
MARY NJOKI KAMAU...................................................................APPLICANT
VERSUS
JANE WANJIRU KIARIE............................................................RESPONDENT
RULING
1. By a certificate of confirmation of grant issued on 20th September 2007 and rectified on 5th day of April 2017 the deceased’s estate comprising of L.R. No. Kiambaa/Ruaka/40 was shared out with Mary Njoki Kamau getting 1. 3 acres as per the court’s judgment dated 29th September 2017 and the balance shared out equally amongst the beneficiaries interalia Jane Wanjiru Kiarie, Hannah Nduta Karomo, Prischillah Nyambutu Munga, Elizabeth Wangeci Ngugi, Marion Wanjuhi Ngugi, Rachael Kaheti Kiarie.
2. Despite every effort by beneficiaries besieging Jane Wanjiru Kiarie the sole Administratrix to sign all necessary transmission forms in favour of the beneficaires to their respective shares, the said Administratrix has been reluctant or adamant.
3. Consequently, Milliam Njoki Njoroge on her own behalf and with authority of her co-beneficiaries namely Wanjohi, Ngugi Njuguna and Francis Munga Ngwiri moved this court vide a summons dated 13th June 2018 seeking orders as follows:
(a) That Jane Wanjiru Kiarie the sole Administratrix of the estate of the deceased herein be ordered to complete the administration of the estate of the deceased by executing forms RL 7 and RL 19 and provide passport photographs, PIN number and national Identity Card in regard to the applicant’s share in L.R. No. Kiambaa/
Ruaka/40.
(b) That in the event Jane Wanjiru Kiarie refuses to comply, the court do authorize the Deputy Registrar of this honourable court to sign the said forms.
4. The application is predicated upon grounds set out on the face of it and affidavit in support. Upon service of the application in the respondent, she (Administratrix) refused to file any response. However, one Mary Njoki Kmau did file a replying affidavit deponed on 11th March 2019 supporting the application subject to her getting her 1. 3 acres out of the said parcel in conformity with the court order of 29th September 2017.
5. When the matter came for hearing there was no appearance on the respondent’s (Administratrix) side hence the matter proceeded exparte.
6. I have considered the application herein which is not opposed. There is no doubt that there is a confirmed grant in which this court directed in its judgment of 29th September 2017 that L.R. Kiambaa/Ruaka/40 be shared out amongst the children of the deceased after Mary Njoki Kamau getting 1. 3 acres. However the respondent who intimated of filing an appeal against the said judgment failed to proceed with the appeal hence the orders of 29th September 2017 are in force.
7. The Administratrix is an appointee of the court exercising authority of a trustee for the administration of the estate. The estate cannot remain unadministered for ever. The administration of the estate must come to an end.
8. Accordingly, I am satisfied that it is in the interest of justice that litigation comes to an end and the beneficiaries get their fair share. To that extent, it is my finding that the application which is not opposed is merited and the same is allowed with orders:
(a) That the administratrix be and is hereby ordered to sign all necessary transfer forms among them forms R.L. 7 and R.L. 19, provide her passport photographs, PIN number and National ID Cards within 60 days in default the Deputy Registrar shall execute the same.
(b) That the rectified certificate of confirmation indicating that Mary Njoki Kamau’s share was equal to other beneficiaries be amended and rectified to read 1. 3 acres and the balance out of L.R. Kiambaa/ Ruaka/40 be shared out equally amongst the rest of the beneficiaries in conformity with this court’s judgment of 29th September 2017.
(c) The certificate of confirmation issued on 5th April 2018 with an error stated in (b) above be surrendered to the Deputy Registrar for cancellation.
(d) Each part to bear his or her own costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF JUNE, 2019.
J.N. ONYIEGO
(JUDGE)