Succession Cause 877 of 2007

Case Metadata
Case Number:	Succession Cause 877 of 2007
Parties:	In re Estate of Jane Wambui Gatonye (Deceased)
Date Delivered:	17 Nov 2022
Case Class:
Court:	High Court at Nairobi (Milimani Law Courts)
Case Action:	Ruling
Judge(s):	Aggrey Otsyula Muchelule
Citation:	In re Estate of Jane Wambui Gatonye (Deceased) (Succession Cause 877 of 2007) [2022] KEHC 15345 (KLR) (Family) (17 November 2022) (Ruling)
Court Division:	Family
County:	Nairobi
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

In re Estate of Jane Wambui Gatonye (Deceased) (Succession Cause 877 of 2007) [2022] KEHC 15345 (KLR) (Family) (17 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15345 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 877 of 2007

AO Muchelule, J

November 17, 2022

Between

Lucy Nyokabi Wambui

Petitioner

and

Hellen Wangare Wambui

Objector

and

Susan Ann Wanjiku

Intended Applicant

Jane Wanjiku Ngugi (suing on behalf of the estate of Joseph Ngugi (Deceased)

Intended Applicant

Ann Wanjiku Gatonye (suing as the administrator of the estate of David Gatonye Magogo (Deceased)

Intended Applicant

Ruling

1.The deceased Jane Wambui Gatonye died testate on December 28, 2006. Her will dated September 27, 2005 named her daughter Lucy Nyokabi Wambui as the executor. She is the respondent herein. There is an objection that was filed by the deceased’s other daughter Hellen Wangare Wambui (objector) that has yet to be heard and determined. pending that objection, the respondent and the objector were appointed the administrators pendente lite.

2.The applicants Susan Ann Wanjiku (1^st applicant), Jane Wanjiku Ngugi (2^nd applicant) and Anne Wanjiku Gatonye (3^rd applicant) seek to be joined as objectors, seek to be appointed as administrators pendente lite, seek that the respondent does account for all the money allocated by her on behalf of the estate from May 16, 2013 to date, and, lastly, seek that all rent collected in respect of Dagoretti/Kangemi/T 378 be deposited into a rental account to be operated by all those who will have been appointed as administrators pendent lite.

3.Susan Ann Wanjku is the deceased’s daughter. Jane Wanjiku Ngugi is the widow of the deceased’s late son Joseph Ngugi and Ann Wanjiku Gatonye is widow of the late David Gatonye Magogo who was the deceased’s son.

4.Under section 67(1) of the Law of Succession Act (cap 160), objections to the grant are supposed to be lodged within 30 days from the date the notice of application for grant has been published. In other words, the time for objections long passed and there has been no application to extend time.

5.The applicants are beneficiaries of the estate of the deceased, and under section 83(e) of the Act can make application seeking that the administrators do provide a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith upto the time of account. Whoever has received a grant in respect of the estate of the deceased has a fiduciary responsibility to the court and to all beneficiaries on how he manages and or deals with the estate of the deceased. Providing account when called upon is part of that responsibility. The respondent cannot therefore argue that the applicants lack locus standi to make the request for accounts.

6.Further, the accounts that were ordered on December 11, 2014 were against Jane Wanjiku Ngugi, and in respect of Limuru/Kamirithu/T 128 and Plot No 332 Kayole Resettlement Scheme. The present request is in respect of Dagoretti/Kangemi/T 378 and against the respondent. The request has not been heard and determined by any court of competent jurisdiction, and is therefore not res judicata. The application for accounts is neither defective nor an abuse of the process of the court.

7.Lastly, once the estate has administrators they are the only ones who under sections 81 and 82 of the Act are vested with all the powers and dates over the estate of the deceased, and this responsibility cannot be shared with persons without grant. It does not matter that these other persons may be beneficiaries of the estate of the deceased.

8.The consequence is that the preliminary objection succeeds only in part, to the extent that the applicants cannot be joined as co-objectors and neither can they be joined as co-administrators.

9.The application succeeds in part, that the respondent shall within 60 days file and serve a detailed and accurate account regarding all rent received in respect of Dagoretti/Kangemi/T 378 from May 16, 2013 to date. The accounts shall be served on all beneficiaries who shall respond within 21 days. The matter shall be mentioned on March 27, 2023 or further orders.

10.Costs shall abide the cause.

DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 17^TH DAY OF NOVEMBER 2022.A O MUCHELULEJUDGE