SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Julia Gachoka Nyamu v Doreen Kajuju Nyamu [2017] KEHC 6469 (KLR)

[2017] KEHC 6469 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
6469
Citation
[2017] KEHC 6469 (KLR)
Decided
20 March 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPosturePartial Ruling on Trust and Grant RevocationCoramHayton D.
Holding

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

  1. Number of administrators to be appointed in a continuing trust
  2. Status of administrators in an estate with a continuing trust
  3. 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
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case