In re Estate of Rimberia Rangau Stanley alias Rimberia Rangau K. Stanley (Deceased) [2024] KEHC 6247 (KLR)

In re Estate of Rimberia Rangau Stanley alias Rimberia Rangau K. Stanley (Deceased) (Succession Cause E020 of 2022) [2024] KEHC 6247 (KLR) (23 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6247 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause E020 of 2022

TW Cherere, J

May 23, 2024

IN THE MATTER OF THE ESTATE OF RIMBERIA RANGAU STANLEY alias RIMBERIA RANGAU K. STANLEY (DECEASED)

Between

Joy Rose K. Rimberia

1st Petitioner

Priscilla K. Kathurima

2nd Petitioner

and

Murithi Stanley

1st Applicant

Henry Kinyua Kathurima

2nd Applicant

Ruling

Background 1. It has been brought to the attention of the court that the publication of this cause is pending gazettement.

2. Under Section 79 of the Act provides that the property of a deceased person vests in his personal representative as follows:The executor or administrator to whom representation has been granted shall be the personal representative of the deceased for all purposes of that grant, and, subject to any limitation imposed by the grant, all the property of the deceased shall vest in him as personal representative.

3. The issue in dispute relates to collection of rent from the estate which rent belongs to the estate for the benefit of the beneficiaries.

4. I have considered prayers (e) and (f) in the application dated 14th February 2023 being the only pending issues for determination and I find that they are not merited.

5. However, and in order to protect the estate from mismanagement pending the issuance of the Letters of Administration and vesting of the estate on the administrators, this court directs that all rents accruing to the estate including the rents collected by the agent shall be deposited in a rent deposit account to be opened in the joint names of the Petitioners and one of the Applicants as the Applicants may agree, in the next 10 days from today’s date. The cost of the cause shall be paid from the said rent account.

6. Mention on 03rd October, 2024 to confirm compliance and for further orders.

7. Parties are at liberty to apply.

DELIVERED AT MERU THIS 23RD DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Petitioners - Ms. Athieno for J.K.Ntarangwi & Co. AdvocatesFor Applicants - Mrs. Mutegi for Mutegi Mugambi & Co. Advocates