In re Estate of Eliud Ngiche Githire (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
Justice Ali-Aroni
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Eliud Ngiche Githire (Deceased) [2020] eKLR, detailing key legal findings and implications in estate law.

Case Brief: In re Estate of Eliud Ngiche Githire (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Eliud Ngiche Githire (Deceased)
- Case Number: Succession Cause No. 113 of 1995
- Court: High Court of Kenya at Nairobi
- Date Delivered: October 8, 2020
- Category of Law: Civil
- Judge(s): Justice Ali-Aroni
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
- Whether the respondents should provide a true account of the proceeds from the sale of property held by the second respondent on behalf of the deceased.
- Whether the proceeds should be distributed to the beneficiaries of the estate, excluding the first respondent.
- If the first respondent has already received the proceeds, whether the other beneficiaries should be compensated with alternative property.

3. Facts of the Case:
The case involves an application by Ruth Wanja Otsyula (the applicant) against Arthur Nduru Githire (the 1st respondent) and Buxton Farmers Co. Ltd. (the 2nd respondent). The dispute arises from the estate of Eliud Ngiche Githire, who passed away. The applicant claims that the respondents failed to distribute the proceeds of the sale of 185 acres of land, which were to be shared among 11 beneficiaries, excluding the 1st respondent. An affidavit indicated that a significant amount had been paid to the beneficiaries, but Kshs. 3,135,000 remained unpaid.

4. Procedural History:
The applicant filed an application on April 23, 2015, seeking an account of the proceeds from the sale and distribution to the beneficiaries. The court had previously ruled on April 16, 2014, directing the distribution of proceeds among the beneficiaries. The respondents did not appear at the hearing on July 22, 2020, despite being served with notice. The court also addressed a subsequent application dated January 17, 2020, which sought to cancel a court order regarding property that no longer existed.

5. Analysis:
- Rules: The court considered the provisions of succession law in Kenya, particularly those governing the distribution of a deceased's estate and the responsibilities of administrators.
- Case Law: The court referenced its prior ruling from April 16, 2014, which established the framework for the distribution of the estate and the exclusion of the 1st respondent from receiving proceeds. This ruling was pivotal in guiding the court's decision regarding the current application.
- Application: The court determined that the remaining Kshs. 3,135,000 was due to the beneficiaries and that the 1st respondent had not denied receiving these funds. Consequently, the court ruled that the beneficiaries should be compensated from other properties belonging to the estate. Additionally, the court vacated a previous order based on misleading information regarding non-existent property and directed the administrators to distribute the remaining estate within 60 days.

6. Conclusion:
The court granted the applicant's requests, ordering the 1st respondent to account for the proceeds and ensuring that the remaining estate is distributed among the beneficiaries. This ruling emphasizes the court's commitment to upholding the rights of beneficiaries in succession matters and ensuring fair distribution of estates.

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

8. Summary:
The High Court of Kenya ruled in favor of the applicant, directing the proper accounting and distribution of the estate of Eliud Ngiche Githire. The decision underscores the importance of transparency and accountability in estate management, particularly in cases involving multiple beneficiaries. The court's directive to distribute the estate within a specified timeframe aims to resolve longstanding disputes and facilitate closure for the beneficiaries.

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