In re Estate of Ngii Ngethi (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Muranga
Category
Civil
Judge(s)
Kanyi Kimondo
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of In re Estate of Ngii Ngethi (Deceased) [2020] eKLR, highlighting key legal principles and judgments. Perfect for legal professionals and scholars.

Case Brief: In re Estate of Ngii Ngethi (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: Re Estate of Ngii Ngethi (Deceased)
- Case Number: Succession Cause No. 801 of 2013
- Court: High Court of Kenya at Murang’a
- Date Delivered: 6th October 2020
- Category of Law: Civil
- Judge(s): Kanyi Kimondo
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was whether John Musembi Syengo, the administrator, is a creditor of the estate of Ngii Ngethi and entitled to 2½ acres of the suit land.

3. Facts of the Case:
Ngii Ngethi (the deceased) passed away intestate on 15th August 1969. John Musembi Syengo (the administrator) filed a citation claiming to be a creditor, asserting that he purchased 2½ acres of land from the protestor, Pauline Mbatha Ndethi, between 1985 and 1988. The protestor, who later entered an appearance through counsel, contested the administrator's claims, stating that he was a stranger to the deceased's estate and that there was no evidence of indebtedness. The deceased's survivors included his widow, several daughters, and grandchildren.

4. Procedural History:
After the citation was served, the court directed the administrator to apply for a grant, which was issued on 17th March 2016. The administrator subsequently filed a summons for confirmation of the grant on 18th October 2016. The protestor filed an affidavit of protest on 22nd October 2018, challenging the administrator's claims. The court allowed the case to proceed to viva voce evidence, but the protestor did not appear at the hearing.

5. Analysis:
- Rules: The court considered Section 45 of the Law of Succession Act, which prohibits any person from intermeddling with the estate of a deceased person without proper authority.
- Case Law: The court did not cite specific previous cases, focusing instead on the statutory framework provided by the Law of Succession Act, which governs the administration of estates in Kenya.
- Application: The court found that the sale agreements between the administrator and the protestor were void because they contravened the Law of Succession Act. Since the deceased died in 1969, the protestor had no legal authority to sell the land without a confirmed grant. Consequently, the administrator's claim as a creditor was dismissed.

6. Conclusion:
The court ruled that the administrator's claim for 2½ acres of the estate was dismissed, declaring the grant issued to him as void. The protestor was instructed to apply for a new grant for confirmation by the court. This decision underscores the importance of legal authority in the administration of estates and the prohibition against intermeddling.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya ruled against John Musembi Syengo's claim as a creditor of the estate of Ngii Ngethi, dismissing his request for 2½ acres of land. The court emphasized the necessity of a confirmed grant for any transactions involving a deceased's estate, reinforcing legal protocols in succession matters. Each party was ordered to bear its own costs, reflecting the court's discretion in the interests of justice.

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