In re Estate of Jacob Gatune (Deceased)
The bottom line
#If an estate administrator fails to account for the deceased's assets, the court can force them to provide a full financial report.
What this practically means
#Executive summary
#Key legal issues
#Whether the summons was defective for seeking to substitute Rebecca Mukuhi Gatune as administrator
The prayer was factually misconceived and abandoned; Rebecca was never the administrator, the grant having been issued to John Kimingi Gatune.
The record shows the grant of letters of administration was issued to John Kimingi Gatune on 23/9/2010 and confirmed with the whole estate distributed to Rebecca as sole beneficiary. The applicants' description of Rebecca as administrator was factually incorrect, and the substitution prayer was abandoned in submissions.
Whether the estate property had transmitted to Rebecca Mukuhi Gatune before her death
The allegation of non-transmission was not proved; the applicants failed to discharge the burden of proof.
The applicants asserted that the property never vested in Rebecca but produced no evidence such as land registry records. The court held that whoever alleges must prove, and the applicants failed dismally, so the application would fail and issue (iii) need not be answered.
The administrator's failure to render accounts under Section 83(g) of the Law of Succession Act
The court, on its own motion, ordered the administrator to produce a full and accurate account of the completed administration within 90 days.
Although not raised as a prayer, the court noted the administrator had not rendered accounts eight years after confirmation. Acting on its own motion under Section 83(i) in the interest of justice to interested parties, it ordered accounts and maintenance of status quo pending accounts.
Legal principles established
#- An administrator is under a legal duty, enforceable by the court on its own motion or at an interested party's instance, to render a full and accurate account of the completed administration within six months of confirmation of the grant.
- A party alleging that estate property did not transmit to a beneficiary bears the burden of proving that fact.
Court orders
#- 1.The application dated 6/8/2014 is dismissed with costs to the respondents.
- 2.The court on its own motion ordered John Kimingo Gatune, the administrator of the estate of Jacob Gatune (deceased), to produce in court within the next 90 days a full and accurate account of the completed administration in respect of the estate.
- 3.Status quo in respect of all the properties which formed the estate of the deceased be maintained pending accounts.
- Jurisdiction invoked
- Law of Succession Act (Cap 160), Sections 83(g) and 83(i)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Estate of Jacob Gatune (Deceased)", Case Analysis (2019). Summons dated 6/8/2014 (Succession Cause). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.