Julia Gachoka Nyamu v Doreen Kajuju Nyamu [2017] KEHC 6469 (KLR)
- Court
- High Court of Kenya
- Case number
- 6469
- Citation
- [2017] KEHC 6469 (KLR)
- Decided
- 20 March 2017
The court orders the petitioner to file a full and accurate account of the estate's assets, including the continuing trust, from the date of her appointment as administratrix to the date of the account. The application for termination or revocation of the trust will be considered after the accounts are filed.
Facts
The case involves a dispute over the termination of a trust and revocation of a grant in the estate of Mariko Nyamu M’ibiri. The petitioner is Julia Gachoka Nyamu, and the applicant is Doreen Kajuju Nyamu.
Issues
- Number of administrators to be appointed in a continuing trust
- Status of administrators in an estate with a continuing trust
- Rendering of accounts of the estate
Reasoning
The court rules that in a continuing trust, no grant of letters of administration should be made to one person alone, except in cases where the administrator is the Public Trustee or a Trust corporation. The court orders the petitioner to file accounts of the estate's assets, including the trust, to resolve the dispute.
Outcome
The court orders the petitioner to file accounts of the estate's assets, including the trust, and the application for termination or revocation of the trust will be considered after the accounts are filed.
Orders
- Ordering the petitioner to file a full and accurate account of the estate's assets, including the continuing trust, from the date of her appointment as administratrix to the date of the account.
Authorities cited
Legislation (2)
- Law of Succession Act
- Trusts Act
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