Alice Muthoni Wamalwa v Yvonne Nambia Wamalwa [2017] KEHC 9482 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

SUCCESSION CAUSE NO. 2569 OF 2013

IN THE MATTER OF MICHAEL CHRISTOPHER WAMALWA

ALICE MUTHONI WAMALWA…………….…………APPLICANT

VERSUS

YVONNE NAMBIA WAMALWA…………..……….RESPONDENT

RULING

1. On 7th April 2015 this court gave orders directing the Public Trustee to take over and manage the estate of the deceased Michael Christopher Wamalwa who died intestate on 23rd August 2003.  This was because the respondent Yvonne Nambia Wamalwa (the widow and who had been issued with letters of administration ad colligenda bona on 11th September 2003) had failed to provide a statement giving full account of money received by her on account of the estate.  She was also wasting and sharing out the estate when there was no full grant.  Summons were issued for her personal attendance to explain the reasons for non-compliance, and the Director of Pensions was directed not to make any payment to the respondent, or to the estate, in respect of the deceased.

2. On 29th March 2017 the applicant Alice Muthoni Wamalwa, daughter of the deceased and co-administration of the estate, filed this application dated 25th March 2017 to complain that the respondent had failed to account, and had since instead transferred LR No. 10125/5 and LR 10125/6 belonging to the estate into her names and was seeking to sell them.  Further, she had taken a loan of Kshs.10,000,000/= from Equity Bank without the consent of the beneficiaries of the estate.  The application was filed seeking an injunction to restrain the respondent, her servants, and her agents from selling, wasting, damaging or alienating the two properties, and that the injunction be registered against the titles in the lands office, Ministry of Lands at Nairobi.  The applicant swore an affidavit to support the application.  The application was served but did not elicit any response.  Ms. Machio filed written submissions in support of the application.

3. The averments by the applicant were unchallenged.  I accept them, and find that the respondent continues to alienate and waste the estate of the deceased to the disadvantage of the other beneficiaries.  The estate cries for preservation.  This is the reason why I grant an order against the respondent, her servants and agents restraining the sale, lease or any other form of alienation of parcels LR No. 10125/5 and 10125/6 until the estate of the deceased has been finally distributed, or until any further orders.  The order shall be registered against the two titles at the lands office, Nairobi.  Costs of the application shall be borne by the respondent.

DATED and DELIVERED at NAIROBI this 5TH day of OCTOBER 2017

A.O. MUCHELULE

JUDGE