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In re Estate of Bernard Gichuru Karuitha (Deceased) [2019] KEHC 602 (KLR)

[2019] KEHC 602 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
602
Citation
[2019] KEHC 602 (KLR)
Decided
23 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureAppeal from original trialCoramL. A. Achode
Holding

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

  1. Appointment of co-administrator
  2. Interference with estate's property
  3. 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
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.
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