In re Estate of Samuel Njogu Wainaina (Deceased) [2023] KEHC 25415 (KLR)

In re Estate of Samuel Njogu Wainaina (Deceased) (Succession Cause 3091 of 2014) [2023] KEHC 25415 (KLR) (Family) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25415 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 3091 of 2014

EKO Ogola, J

November 16, 2023

IN THE MATTER OF THE ESTATE OF SAMUEL NJOGU WAINAINA (DECEASED)

Between

Patricia Wangui Kago

Applicant

and

Margaret Wambui Njogu

1st Administrator

Mary Njeri Njogu

2nd Administrator

Ruling

1. The application before this court is dated 27th July 2023. The applicant prays for the following orders:-a.That this honourable court through the Deputy Registrar executes the completion/transfer documents on behalf of the petitioners who have declined to do so.b.That upon execution by the Deputy Registrar of this honourable court in order (1) above the same be deemed as a sufficient instrument for the completion/transfer of documents.c.That this honourable court be pleased to give orders as to the compliance of the certificate of confirmation of grant dated 24th February 2016. d.That costs of this application be provided for.

2. To put matters into context, the deceased died intestate on 27th March 1989. He is said to have been survived by his widow, Margaret Wambui Njogu, three sons and five daughters namely; John Wainaina Njogu, Paul Ng’ang’a Njogu, Simon Waweru Njogu, Mary Njeri Njogu, Agnes Waithira Njogu, Maryanne Njambi Njogu, Elizabeth Nyambura Njogu, and Jane Wanjiku Njogu.

3. Grant of letters of administration intestate was issued on 24th March 2015 to Margaret Wambui Njogu and Mary Njeri Njogu. The said grant was confirmed on 17th November 2015 and rectified on 24th February 2016. What was part of the rectification was the inclusion of Patricia Wangui Kago as a beneficiary of the estate. She was to receive 0. 75 acres of the plot known as LR No. 4726/19 (Original No. 4726/14/2) East of Limuru Township.

4. Back to the instant application, the applicant avers that the administrators have refused to sign the transfer documents. She deposed that she has not been able to enjoy quiet possession as a result of the non-cooperation of the administrators for almost seven years.

5. From the schedule of assets, the applicant is a valid beneficiary to the estate. The administrators under Section 83(g) of the Law of Succession Act are mandated to administer the estate by distributing the estate as provided in the Certificate of Confirmed grant. In the premises, the application dated 27th July 2023 is allowed. The administrators are however granted 14 days to sign the conveyancing documents and in default, the Deputy Registrar of this court be at liberty to execute the same.It is so ordered

DATED and DELIVERED in NAIROBI this 16th day of November 2023……………………………………..E.K. OGOLAJUDGEIn the presence of:Ms. Ndiritu for the ApplicantN/A for the Administrators