In re Estate of Bernard Gichuru Karuitha (Deceased) [2019] KEHC 602 (KLR)
- Court
- High Court of Kenya
- Case number
- 602
- Citation
- [2019] KEHC 602 (KLR)
- Decided
- 23 December 2019
Rose Njoki Gichuru is appointed as co-administrator of the deceased's estate. Interim orders are granted to restrain the 1st and 2nd Respondents from dealing with the estate's property.
Facts
The deceased's estate was being administered by George Kamau Gichuru and James Mungai Gichuru, who were sons of the deceased. Nelly Wambui Gichuru, a daughter of the deceased, sought to be appointed as co-administrator to ensure the estate was distributed according to law.
Issues
- Appointment of co-administrator
- Interference with estate's property
- Fraudulent grant of succession cause
Reasoning
The court found that the 1st and 2nd Respondents had failed to cooperate with the beneficiaries and refused to attend court, leading to the issuance of interim orders. The court also removed the 1st and 2nd Respondents from being administrators in this cause.
Outcome
Rose Njoki Gichuru appointed as co-administrator
Orders
- Interim orders restraining the 1st and 2nd Respondents from dealing with the estate's property
Remedies
- Interim injunction
Authorities cited
Cases cited (2)
- Re Bramblevale (1970) 1 Ch. 128
- Civil Appeal No. 95 of 1998 Mwangi H.C. Wangondu vs Nairobi City Commission
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