SUSAN WANJIKU NDUNG’U & 3 OTHERS vs LILIAN WAMBUI NDUNGU [2002] KEHC 230 (KLR)

Facts

The plaintiffs are children of the defendant who died in 1981. The defendant, as administrator, transferred properties to the plaintiffs and later sold one of them. The plaintiffs seek a vesting order under Section 45(f) of the Trustee Act.

Issues

1. Whether the plaintiffs can seek a vesting order under Section 45(f) of the Trustee Act
2. Whether the plaintiffs can apply under Section 35(3) of the Law of Succession Act

Reasoning

The plaintiffs were beneficiaries of the estate but the share of each beneficiary was not identified. The defendant has a life interest and power of appointment, making the properties held in trust for the plaintiffs in equal shares subject to the defendant's life interest and power of appointment.

Outcome

The application is dismissed with no orders as to costs

Authorities cited