In re the estate of the late Agnes Kirio Taiti (Deceased) [2017] eKLR

Key Facts

Deceased Name

Issues

• Whether the applicant should be issued a limited grant for the purpose of collecting and preserving the estate of the late Agnes Kirio Taiti, specifically to collect income derived from the ballast factory and prevent the estate from going to waste.
• Whether the applicants should be granted a temporary injunction to restrain beneficiaries from transferring, interfering with, alienating, or disposing of the deceased's properties listed as L.R Aguthi/Gatitu/5371, 5372, 5373, 5375, 5376, 5349, 5250, and 5168, pending the hearing of the application.

Date of Death

Holdings

• The court granted an injunction restraining all beneficiaries from transferring, interfering with, alienating, charging, offering for sale, or disposing of specified properties (L.R Aguthi/Gatitu/5371-5376, 5349, 5250, 5168) pending the filing and hearing of the petition for letters of administration. This was to preserve the estate and prevent its waste.
• The petitioner, Ms. Nancy Wangui Taiti, was authorized to collect and receive the estate as necessary for its preservation, including income from the ballast factory, until further representation is granted.
• John Chege, a beneficiary, was ordered to cease intermeddling with the estate by collecting income from the ballast factory, as his actions violated Section 45 of the Law of Succession Act which prohibits unauthorized interference with a deceased's property.
• The court issued a limited grant in the petitioner's name for collecting and preserving the estate, with an alternative order to deposit ballast factory income in court pending confirmation of the grant. The limited grant was to lapse in 60 days, followed by a 45-day period for filing distribution affidavits.

Remedies

• John Chege, a beneficiary, was ordered to cease intermeddling with the estate by collecting income from the ballast factory.
• The court issued a temporary injunction restraining all beneficiaries from transferring, interfering with, alienating, charging, offering for sale, or disposing of the specified properties (L.R Aguthi/Gatitu/5371, L.R Aguthi/Gatitu/5372, L.R Aguthi/Gatitu/5373, L.R Aguthi/Gatitu/5375, L.R Aguthi/Gatitu/5376, L.R Aguthi/Gatitu/5349, L.R Aguthi/Gatitu/5250, and L.R Aguthi/Gatitu/5168) pending the hearing of the application and filing of the petition.
• A limited grant was issued in the petitioner's name to collect and preserve the estate, specifically for receiving income from the ballast factory, until further representation is granted.
• As an alternative, the court directed that income from the ballast factory be deposited in court pending confirmation of the grant over the deceased's estate.
• The court ordered no costs for the remedies due to the nature of the matter.
• The petitioner, Ms. Nancy Wangui Taiti, was authorized to collect and receive the estate as necessary for its preservation.
• The limited grant was to lapse after 60 days, with distribution affidavits to be filed within 45 days after the lapse, and a mention set for 14 days thereafter.

Will Type

Probate Status

Legal Principles

• The court applied the principle of interim injunction under Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules, citing cases such as Giella v Cassman Brown & Co. Ltd (1973) E.A 358 and The Estate of George M'Mboroki (Deceased) [2008] ekIr. The injunction was granted to prevent beneficiaries from interfering with the estate's properties and to preserve the estate until further proceedings.
• The court relied on Section 45 of the Law of Succession Act, which prohibits unauthorized intermeddling with the deceased's property. This was used to address the respondent's actions in collecting income from the ballast factory without proper legal authority.

Succession Regime

Precedent Name

• The Estate of George M'Mboroki (Deceased)
• Ann Wairimu Wachira V Jerioth Wangui Maina and 2 others
• Estate of Veronica Njoki Wakagoto (Deceased)
• Giella v Cassman Brown & Co. Ltd

Executor Name

• Irene Wanjiku Karanja
• Nancy Wangui Taiti

Cited Statute

• Law of Succession Act (Kenya)
• Probate and Administration Rules (Kenya)

Executor Appointment

• Court appointed co-administrator (did not sign petition)
• Court appointed co-administrator

Judge Name

Passage Text

• (1) Except so far as expressly authorized by this Act, or by any other written law, or by a grant of representation under this Act, no person shall, for any purpose, take possession or dispose of, or otherwise intermeddle with, any free property of a deceased person*
• In considering the prayers sought by the applicant and the submissions, there does exist a serious issue to be tried, one that forms the subject matter of this suit and in preserving it, would only culminate in meeting the ends of justice as sought by the parties.
• The applicant has rightful submitted that the principles for granting injunctions have been set out in the celebrated case of Giella V Cassman Brown & Co. Ltd 1973 EA 358. In considering the prayers sought by the applicant and the submissions, there does exist a serious issue to be tried...

Beneficiary Classes