[2016] KEHC 5847 (KLR)
The court determined that, since the parties have repeatedly failed to agree on the appointment of administrators as previously ordered, it is necessary for the court to intervene to ensure the proper administration of the estate. The court directed each side to file a list of three proposed administrators within...
Source-derived case information.
- Citation
- [2016] KEHC 5847 (KLR)
- Parties
- Petitioner: Patrick Ng’olua M’Mungania; Applicant: Fredrick Kimathi Ng’olua; Applicant: Francis Kirimi Ntorukiri; Applicant: Rebecca Ciorui M’Rukiri; Applicant: Joshua Mutuma M’Mungania; Applicant: Kiurumwitika Ciuki; Applicant: Gladys Kathubaru; Applicant: James Gitonga; Applicant: Cypriano Kaberia; Applicant: Eliud Gitonga Ntorukiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 535 of 2004
- Procedural Posture
- Succession Cause / Ruling on Appointment of Administrators
- Outcome
- Parties directed to file separate lists of three proposed administrators within seven days; failing which, the court will appoint administrators under section 66 of the Law of Succession Act.
- Judges
- F Gikonyo
- Legal Topics
- Appointment of Administrators, Law of Succession Act, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ng’olua M’Mungania
Petitioner
Fredrick Kimathi Ng’olua
Applicant
Francis Kirimi Ntorukiri
Applicant
Rebecca Ciorui M’Rukiri
Applicant
Joshua Mutuma M’Mungania
Applicant
Kiurumwitika Ciuki
Applicant
Gladys Kathubaru
Applicant
James Gitonga
Applicant
Cypriano Kaberia
Applicant
Eliud Gitonga Ntorukiri
Applicant
Procedural Posture
Succession Cause / Ruling on Appointment of Administrators
Legal Issues
- 1 Whether the court should appoint administrators for the estate given the parties' failure to agree on suitable persons.
- 2 What procedure should be followed for the appointment of administrators in the absence of consensus among parties.
- 3 Whether filings on mode of distribution are valid in the absence of appointed administrators.
Ratio Decidendi
The court determined that, since the parties have repeatedly failed to agree on the appointment of administrators as previously ordered, it is necessary for the court to intervene to ensure the proper administration of the estate. The court directed each side to file a list of three proposed administrators within seven days, failing which the court will exercise its discretion under section 66 of the Law of Succession Act to appoint administrators in the best interests of all concerned. The court emphasized that no further steps regarding confirmation or distribution of the estate can be taken until administrators are appointed, as filings on distribution without administrators are...
Court Disposition
Parties directed to file separate lists of three proposed administrators within seven days; failing which, the court will appoint administrators under section 66 of the Law of Succession Act.
Orders
- Each party to file a list of three proposed administrators within seven days.
- If any party fails to file, the court will appoint administrators under section 66 of the Law of Succession Act.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO 535 OF 2004
PATRICK NG’OLUA M’MUNGANIA.........................PETITIONER
Versus
FREDRICK KIMATHI NG’OLUA........................1ST APPLICANT
FRANCIS KIRIMI NTORUKIRI..........................2ND APPLICANT
REBECCA CIORUI M’RUKIRI...........................3RD APPLICANT
JOSHUA MUTUMA M’MUNGANIA.....................4TH APPLICANT
KIURUMWITIKA CIUKI.......................................5TH APPLICANT
GLADYS KATHUBARU......................................6TH APPLICANT
JAMES GITONGA.................................................7TH APPLICANT
CYPRIANO KABERIA.........................................8TH APPLICANT
ELIUD GITONGA NTORUKIRI............................9TH APPLICANT
RULING
No Administrators
[1] In the Ruling dated 2nd April 2013, the court ordered, inter alia that:-
‘’...parties are given two weeks to agree on three administrators who shall be granted letters of administration and seek fresh confirmation of the grant in default of agreement on administrators matter be mentioned before court to appoint the administrators’’.
[2] Up to now, parties have not agreed on the persons who shall be appointed administrators of the estate. In effect there is no grant of letters of administration that has been made to any person. There are no administrators of the estate. This is unsatisfactory state of affairs in a succession cause which makes it impossible for the court to do anything substantial in these proceedings. Grant of letters of administration must be made to a competent person or persons. Again, there is no application for confirmation of grant- of course this is because there are no administrators of the estate. Therefore, all the filings by parties on mode of distrbution lack a foot on which to stand; they stand on nothing. Accordingly, I must do first things first; appoint three administrators as earlier ordered by the court. However, I will give the parties one more opportunity, except this time I will not ask them to agree on the administrators because they have failed in other past instances where they were offered the opportunities to do so; instead I will ask the Petitioner and the objectors to file separate lists of three names of persons they each propose that the grant of letters of administration intestate should be made. The lists shall be filed within seven (7) days of today. Nevertheless, that notwithstanding, there is nothing in this order that will prevent the parties from presenting a consent on the agreed administrators. For clarity, should one or more or all of the parties fail to file a list of three names of persons to whom the grant of letters of administration is to be made, the court will fall back to section 66 of the Law of Succession Act and exercise its final discretion as to the persons to whom the grant of letters of administration shall, in the best interests off all concerned, be made. Thereafter, the administrators who shall be appointed by the court shall apply for fresh confirmation within such time as the court will deem to be reasonable. I will thereafter consider the proposals on distribution of the estate within the confirmation application. It is so ordered.
Dated, signed and delivered in open court at Meru this 25th day of January 2016.
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F. GIKONYO
JUDGE
In the presence of:
Mr.Kirima advocate for objector
Mr. Gikunda advocate for Omari advocate for the petitioner.
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F. GIKONYO
JUDGE