Case ID:165230

In re Estate of Godwin Perminahs Mugwere (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 1541 of 2014

Parties:

In re Estate of Godwin Perminahs Mugwere (Deceased)

Date Delivered:

15 Oct 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Abida Ali-Aroni

Citation:

In re Estate of Godwin Perminahs Mugwere (Deceased) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application allowed

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

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

SUCCESSION CAUSE NO. 1541 OF 2014

IN THE MATTER OF THE ESTATE OF GODWIN PERMINAHS MUGWERE

(

DECEASED)

LUCY NJERI MUGWERE...........................APPLICANT

R U L I N G

1. The application dated 25

th

February, 2020 seeks for 2 substantive orders: -

- A true account of the proceeds of sale for L.R. No. 32/325.

- That the court do order the District Surveyor, Kajiado North District to undertake the survey of

Title No. Ngong/Ngong/2078.

2. The applicant’s concern is that though she is a co-administrator she has been kept in the dark by the Law from that represented the estate in the sale, secondly the said law first has failed to comply with court’s directive to have the properties subdivided and distributed within 90 days from the date of the said order.

3. As it were court orders are not issued in vain. The order being referred to by the applicant was issued in the presence of all parties on the 1

st

of August, 2019. The matter should have been concluded by end of October, 2019.

4. A further order was issued on 23

rd

October, 2019 including the involvement of a government surveyor since parties could not agree on a joint surveyor.

5. It appears that since January 2020 when the court issued the last order there has been no progress which necessitated the current application which to-date stands unopposed.

6. It is not lost to court that the grant herein was confirmed on 3

rd

of October, 2017 and the administrators ought by now to have distributed the assets.

7. Clearly the beneficiaries are entangled in a tussle in the management of the estate and it is time that distribution was done to enable each one of them manage their affairs.

8. I find the prayers reasonable and necessary and I therefore order to bring a closure to the matter and in the absence of any opposition prayers 2 & 3 of the application are hereby granted with costs to the applicant.

DATED, SIGNED

and

DELIVERED

at

NAIROBI this 15

TH

DAY OF OCTOBER, 2020.

…………………………………….

ALI-ARONI

JUDGE