COURTS APPOINT THREE ADMINISTRATORS TO OVERSEE THE MANAGEMENT OF THE ESTATE OF FORMER KAGUNDO TYCOON.
BY SAM ALFAN.
Family court sitting in Nairobi has brought to an end the long and protracted administration of the estate of former Kangudo tycoon who passed away in 1982.
The matter has been pending in court for the last 30 years.
The estate of Paul Muthian Musau will be now managed by three administrators who have been duly confirmed by two high court judges Justice Luka Kimaru and his colleague Justice Musyoka both from the family.
Consequently a surveyor has been appointed by the court to oversee the subdivision of 600 acres land located in Kangudo and the same be distributed to the beneficiaries of the later Musau who passed on aged 140 years.
The two judges upheld the judgment of appellate judge Justice Roselyne Nambuye who entered the final decision on the administration of the estate by appointing Benjamin Wambua James, Antony Musau Muthusi, Joseph Kawinzi Muthiani has joint administrators.
The administrators’ lawyer Osoro Juma urged the court to bring to an end the long dispute over the management of the estate of the deceased.
He said the deceased had three wives with several children who have been unable to manage their father’s properties, saying that it’s only the court which is the final arbiter.
Justice Kimaru agreed with the family lawyer and directed that the private surveyor who has been pointed by the administrators of the estate to survey the properties of the deceased together with Government surveyor.
Musyoka on his part directed that Machakos district Land surveyor and professional surveyor Mr S. Paul K. Kitaka appointed by the administrators should move with speed and carry out the subdivision of the properties that was owned by the deceased.
He said that the surveyor shall jointly prepare mutations for registration by the Machakos district land registrar and the same be filed in court for confirmation or approval.
The judge appointed out the surveying should done expeditious and notice issued to the beneficiaries to attend and oversee the surveying, further ordered local chief of Nguluni location to provide necessary security.
Whereas Justice Nambuye on her judgment she ordered that previous transaction where portions of the estate property are alleged to have been passed to third parties by persons other than personal representatives duly mandated by a grant shall declared null and void.
She said that the administrators are empowered with the powers and duties as prescribed in section 82 and 83 of the administration Act to carry out transaction and ensure the same is distributed to the beneficiaries.