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In re estate of M’ibuathu M’ilula (Deceased) [2019] KEHC 9979 (KLR)

[2019] KEHC 9979 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
9979
Citation
[2019] KEHC 9979 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for cancellation of registration and distribution of estateCoramLenaola
Holding

The court orders the cancellation of the 1st Administrator's registration and distribution of the estate properties to the deceased's name.

Facts

The deceased left an estate to be shared between the 1st and 2nd Administrators. The 2nd Administrator claims she has not received her share and seeks cancellation of the 1st Administrator's registration and distribution of the estate properties.

Issues

  1. Cancellation of 1st Administrator's registration
  2. Distribution of estate properties

Reasoning

The court found that the 1st Administrator was attempting to disinherit the 2nd Administrator and that the administration of the estate was taking an unreasonable amount of time.

Outcome

In favor of the 2nd Administrator

Orders

  • Cancellation of 1st Administrator's registration
  • Distribution of estate properties to the deceased's name
  • Dispensing with title deeds
  • Land Registrar to file report confirming grant
  • 1st Administrator to pay costs

Remedies

  • Cancellation of registration
  • Distribution of estate properties

Authorities cited

Legislation (2)
  • Law of Succession Act
  • Probate and Administration Rules
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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