In re Estate of Geoffrey Kamau Ng’ang’a (Deceased) [2015] KEHC 1410 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 118 OF 2015

IN THE MATTER OF: THE ESTATE OF GEOFFREY KAMAU NG’ANG’A(DECEASED)

RULING

On 1st October 2015 the parties hereto recorded a consent to the effect that the business known as New Miyako Hotel, Eldoret, be subjected to independent management, with the managers being appointed in consultation with the three (3) families.

The parties were unable to agree on appointment of the manager, and on 22nd October 2015 asked the court to appoint the manager.

It was directed that they propose several names to the court for the court’s consideration. The court was on 5th November handed the curricula vitae of several persons, being-

John Macharia Githiga

P.O. Box 54,

NORTH KINANGOP

Winstone Mramba Mweni

P.O. Box 623

WATAMU

P.O. Box 1228

MERU

Felix Mumba

flixx4U@yahoo.com

Anthony Mutuku Mwikuyu

P.O. Box 50

MWALA

Elijah Mbugua

P.O. Box 3569-30200

KITALE

Wilfred O. Anyona

P.O. Box 75114-00200

NAIROBI

I have carefully gone through the curricula vitae together with copies of the certificates and the testimonials attached. I have noted that only a few of the persons named above ever held the position of manager in a similar establishment. I noted that some of them indicated that they did hold the position of manager but provided no proof thereof.

After due consideration of all the facts and circumstances, I have formed the view that the persons suitable for appointment, in order of priority, to be the persons listed as (a) and (b) in paragraph 3 above.

Consequently, I do hereby appoint John Macharia Githiga as manager of the business known as New Miyako Hotel, Eldoret. In the event the said John Macharia Githiga shall be unable to take up the appointment, then his place shall be taken by Winstone Mramba Mweni. The appointment shall take effect immediately from the date of this ruling.

As this is an appointment made by the court in respect of estate properties, the said manager shall prepare and placed before the court a full inventory of the assets and liabilities of the said business and a proper account of his management of the said business, in terms of the income and expenditure and loss and profit accounts of the business. The said inventory and accounts shall be filed at the end of every six (6) months from the date of this ruling, until further orders of the court.

In the meantime the family of the deceased shall move with due dispatch to cause the filing of a cause for representation to and administration of the estate of the deceased.

There shall be liberty to apply.

DATED, SIGNED and DELIVERED at NAIROBI this 6TH DAY OF NOVEMBER, 2015.

W. MUSYOKA

JUDGE