In re Estate of Samuel Muriuki M’Ibara (Deceased) [2022] KEHC 9898 (KLR)

In re Estate of Samuel Muriuki M’Ibara (Deceased) (Succession Cause 361 of 2014) [2022] KEHC 9898 (KLR) (7 July 2022) (Ruling)

Neutral citation: [2022] KEHC 9898 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 361 of 2014

TW Cherere, J

July 7, 2022

IN THE MATTER OF THE ESTATE OF SAMUEL MURIUKI M’IBARA (DECEASED)

Between

Stella Wambui Ngángá

Applicant

and

Peter Kiogora Kareria

Protestor

and

Faith Makena Mwari

Interested Party

Ruling

Background 1. By an order dated 31st March, 2022, this court distributed deceased’s estate comprised in LR. No. Ntima/Igoki/6058 as follows:a)1/8 acre toFaith Makena Mwarib)Balance to Stella Wambui Ngángá

Summons 2. By summons dated 26th May, 2022, Applicant complains that Respondent who is the 2nd Administrator has declined to sign relevant forms thereby frustrating distribution of the estate and seeks an order that the Administrator of this court be authorized to sign the forms on behalf of the Respondent.

3. By his response dated 27th June, 2022, 2nd Administrator/Respondent avers that he did not sign the transfer documents because there is real danger that the Applicant and Interested Party might sell the land in question which move will frustrate the appeal.

Analysis and determination 4. I have considered the summons in the light of the affidavits on record. Respondent’s contention that the Applicant and Interested Party might sell the land in the estate is not merited for the reason that this court on 28th April, 2022 issued an order restraining the Applicant and Interested Party from selling, disposing off or in any adverse manner dealing with their respective portions pending the hearing and determination of the intended appeal and/or until any and or further orders of this court.

5. From the foregoing, I find the Respondent’s refusal to sign the relevant forms violates the provisions of Section 83 of the Law of Succession Act concerning his duties as an administrator among them distribution of the estate.

6. I therefore find merit in the summons dated 26th May, 2022 and order that: -1)The Court Administrator of this court shall sign the necessary transfer forms on behalf of the 2nd Administrator/Respondent2)Respondent shall bear the costs of this summons.

DATED AND DELIVERED IN MERU THIS 07 TH DAY OF JULY 2022WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Carlpeters for Carlpeters Mbaabu & Co. AdvocatesFor Respondent - Mr. Thangichia for Thangichia M. David & Co. AdvocatesFor Interested Party - Mr. Ashaba for Mutuma Gichuru & Associates