In re Estate of the Late Ephantus Mwangi Ndamaiyu (Deceased) [2024] KEHC 13350 (KLR)

In re Estate of the Late Ephantus Mwangi Ndamaiyu (Deceased) (Succession Cause 851 of 2011) [2024] KEHC 13350 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13350 (KLR)

Republic of Kenya

In the High Court at Nyeri

Succession Cause 851 of 2011

DKN Magare, J

October 24, 2024

Between

Geoffrey Karuku Mwangi

Applicant

and

Rachel Wanjira Mwangi & Others

Respondent

and

Geoffrey Karuku Mwangi

Applicant

(IN THE MATTER OF THE ESTATE OF THE LATE EPHANTUS MWANGI NDAMAIYU (DECEASED))

Ruling

1. Upon listening to the parties, the court notes that there is no dispute as to the fact that the administrator is very old. She has not administered the estate since 2016. I therefore revoke the grant given to Rachel Wanjira Mwangi. In lieu thereof I appoint Michael Waigwa Mwangi – ID No. 7038805 as the sole administrator.

2. The grant hitherto issued shall now be confirmed in favour of Michael Waigwa Mwangi ID No. 7038805 except that Land Parcel No. Ruguru/Karuthi/251 shall be registered in the names of Geoffrey Karuku Mwangi ID No. 3373205 and Land Parcel No. Ruguru/Karuthi/252 shall be registered in the names of Grace Wangeci Muriuki ID No. 9075822 in trust for the estate of the late Muriuki Ephantus Mwangi (deceased). Beneficiaries to that estate should pursue the administrator thereof.

3. The claim by William Wachira Mumbi ID No. 22011848 is in the nature of a land dispute. It cannot be dealt with in this estate. The new administrator to conclude administration by 17/5/2024.

4. William Wachira Mumbi to surrender to this court the original title to Ruguru/Karuthi/252 within 7 days.

5. The Application dated 18/6/2024 is accordingly spent.

6. The file is closed.

DELIVERED, DATED AND SIGNED AT NYERI ON THIS 24TH DAY OF OCTOBER, 2024. KIZITO MAGAREJUDGEIn the presence of:Mr. Karweru for the ApplicantMr. Mwaniki for Mr. Muhoho for the RespondentsCourt Assistant – Jedidah