1. On 9th May 2024, upon perusing the file, this Court found that what was stated to be the statements of account filed by the Administrators were not proper accounts.
2. In light of its findings, the Court directed the Administrators to prepare and file full accounts with the following details:-
a. The date of the appointment of the Administrators;
b. Assets belonging to the estate of the deceased as at the date of the Administrators’ appointment;
c. The manner in which the said assets were distributed;
d. The income that accrued to the estate;
e. The liabilities of the estate;
f. The manner in which the income that had accrued to the estate was distributed;
g. The assets that remained un-administered;
h. Any other relevant information.
3. The Administrators prepared a statement of accounts dated 29th July 2024 in which they provided the information sought by way of:-
a. Listing the asset(s) of the estate at the time of their appointment, which they stated as being Plot No 6827/II/MN;
b. The manner in which Plot No 6827/II/MN was subdivided and shared out among the heirs pursuant to the order of the Kadhi in Kadhi’s Court Succession Cause No 158 of 2007;
c. Stating what resultant portions of Plot No 6827/II/MN remained undistributed;
d. Specifying that the estate had no income nor liabilities; and
e. Providing for the way forward.
4. The report stated that the sole asset of the deceased was Plot No 6827/II/MN
5. In response, Swaleh Hassan, in his affidavit, raised concerns about the statement of account and sought further information about the manner in which the assets were sold, what amounts accrued and the provision of supporting documents.
6. I have considered the statement of account provided by the Administrators. In my view, the same accords with the directions of the Court.
7. In my view, there is a need for finality in this matter. If the Court accedes to the Applicants' prayers, this matter will never be concluded.
8. As stated, the Administrators have provided all the relevant information. What remains are transfers of the portions of land belonging to the two beneficiaries who have been holding out. It is they who appear to this court to be reluctant to cooperate.
9. In the circumstance, I order that the transfers be completed within two months.
10. Orders accordingly.
Dated and signed at Mombasa this 22nd day of November 2024. Delivered virtually through Microsoft TEAMS.
2. In light of its findings, the Court directed the Administrators to prepare and file full accounts with the following details:-
a. The date of the appointment of the Administrators;
b. Assets belonging to the estate of the deceased as at the date of the Administrators’ appointment;
c. The manner in which the said assets were distributed;
d. The income that accrued to the estate;
e. The liabilities of the estate;
f. The manner in which the income that had accrued to the estate was distributed;
g. The assets that remained un-administered;
h. Any other relevant information.
3. The Administrators prepared a statement of accounts dated 29th July 2024 in which they provided the information sought by way of:-
a. Listing the asset(s) of the estate at the time of their appointment, which they stated as being Plot No 6827/II/MN;
b. The manner in which Plot No 6827/II/MN was subdivided and shared out among the heirs pursuant to the order of the Kadhi in Kadhi’s Court Succession Cause No 158 of 2007;
c. Stating what resultant portions of Plot No 6827/II/MN remained undistributed;
d. Specifying that the estate had no income nor liabilities; and
e. Providing for the way forward.
4. The report stated that the sole asset of the deceased was Plot No 6827/II/MN
5. In response, Swaleh Hassan, in his affidavit, raised concerns about the statement of account and sought further information about the manner in which the assets were sold, what amounts accrued and the provision of supporting documents.
6. I have considered the statement of account provided by the Administrators. In my view, the same accords with the directions of the Court.
7. In my view, there is a need for finality in this matter. If the Court accedes to the Applicants' prayers, this matter will never be concluded.
8. As stated, the Administrators have provided all the relevant information. What remains are transfers of the portions of land belonging to the two beneficiaries who have been holding out. It is they who appear to this court to be reluctant to cooperate.
9. In the circumstance, I order that the transfers be completed within two months.
10. Orders accordingly.
Dated and signed at Mombasa this 22nd day of November 2024. Delivered virtually through Microsoft TEAMS.