Eun-Tex Garments Traders & another v Mwangi (Sued as The Legal Representative of The Estate of Laban Kingori Macharia) & 4 others (Tribunal Case E599, E152 & E807 of 2021 (Consolidated)) [2022] KEBPRT 247 (KLR) (Civ) (15 July 2022) (Ruling)

Facts

Eun-Tex Garments Traders and Marina Fashions are tenants of the business premises on LR NO 209/1413/28, Accra Road, Nairobi. The 1st, 2nd, and 3rd Respondents are the executors of the estate of John Mwangi Kingori, while the 4th and 5th Respondents are the administrators of the estate of John Mwangi Kingori. The 1st, 2nd, and 3rd Respondents claimed the rental income from the premises, while the 4th and 5th Respondents claimed it belonged to the estate of Laban Kingori Macharia.

Issues

1. Who is entitled to the rental income from the business premises
2. Whether the applicants/respondents are entitled to the reliefs sought in their applications and references
3. Who is liable to pay costs of the consolidated suit

Reasoning

The court found that the 1st, 2nd, and 3rd Respondents are the executors of the estate of John Mwangi Kingori and thus entitled to the rental income. The 4th and 5th Respondents are the administrators of the estate of John Mwangi Kingori and not entitled to the rental income.

Outcome

Appeal upheld