In re Estate of Eripon Joseph Lotunyeny (Decesaed) (Succession Cause E006 of 2024) [2025] KEMC 223 (KLR) (18 August 2025) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 223
- Citation
- [2025] KEMC 223 (KLR)
- Decided
- 18 August 2025
The respondent is required to surrender the properties for the succession cause so that the Administrator can proceed to the confirmation hearing and distribute the estate.
Facts
The respondent received Kshs 740,000 from Stephen Thuku after a successful litigation in Nanyuki CMCC 99 of 2019. The respondent was granted Letters of Administration Ad Litem by the High Court in Meru in 2010 to prosecute the suit and preserve the property received.
Issues
- Whether the respondent is required to surrender the proceeds of the litigation as per the agreements between the respondent and the deceased's family.
- Whether the Letters of Administration Ad Litem granted to the respondent are sufficient to vest locus standi to prosecute the suit and become an express trustee.
Reasoning
The respondent was granted Letters of Administration Ad Litem to prosecute the suit and preserve the property received. The respondent is now an express trustee and the grant is purpose-specific. The respondent is required to surrender the properties as per the agreements.
Outcome
The respondent is ordered to surrender the properties for the succession cause.
Orders
- The respondent is ordered to surrender the properties for the succession cause so that the Administrator can proceed to the confirmation hearing and distribute the estate.
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
Cases cited (2)
- Republic v Mbeere South Sub County Deputy Commissioner & 2 others; Ireri (Interested Party); Murage (Exparte) [2022] KEELC 4737 (KLR)
- Twalib Hatayan & another v Said Saggar Ahmed Al-Heidy & 5 others [2015] KECA 713 (KLR)
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