[2014] KEHC 454 (KLR)
The court found that the law mandates at least two administrators where a minor is a beneficiary, and the existing joint administration arrangement serves the best interests of the child. There was no evidence of mismanagement by the respondent, and the funds in the joint account are to be managed prudently for the...
Source-derived case information.
- Citation
- [2014] KEHC 454 (KLR)
- Parties
- Plaintiff: Cedric Juma Barasa; Defendant: Zakiuddin Anwaral Mullas
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 58 of 2009
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- Application dismissed except for the ex parte order for Kshs. 20,000; no order as to costs.
- Judges
- SJ Chitembwe
- Legal Topics
- Administration of Estate, Minor Beneficiaries, Joint Administration, School Fees Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cedric Juma Barasa
Plaintiff
Zakiuddin Anwaral Mullas
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant should be made the sole administrator of the 60% share of the deceased's estate for the benefit of the minor child.
- 2 Whether the applicant is entitled to the release of Kshs. 20,000 for the minor's school fees from the joint account.
Ratio Decidendi
The court found that the law mandates at least two administrators where a minor is a beneficiary, and the existing joint administration arrangement serves the best interests of the child. There was no evidence of mismanagement by the respondent, and the funds in the joint account are to be managed prudently for the minor's long-term benefit. The application for sole administration was therefore without merit. The court allowed the release of Kshs. 20,000 for school fees on this occasion, but emphasized that future applications must be supported by a formal fee structure. The overall application was dismissed except for the ex parte order for school fees, with no order as to costs.
Court Disposition
Application dismissed except for the ex parte order for Kshs. 20,000; no order as to costs.
Orders
- The prayer for Kshs. 20,000 for school fees is granted ex parte.
- The application for sole administration of the 60% share is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MALINDI
CIVIL SUIT NO. 58 OF 2009
CEDRIC JUMA BARASA.......................................PLAINTIFF
VERSUS
ZAKIUDDIN ANWARAL MULLAS........................DEFENDANT
RULING
The application dated 22nd September, 2014 seeks the release of Kshs. 20,000 to the Applicant this being school fees in respect of C W B. The Applicant would also wish to be made the sole administrator of the 60% share of the deceased's estate. The Application is supported by the Applicant's affidavit sworn on 22nd September, 2014. The Respondent filed a replying affidavit sworn on 2nd December, 2014.
The arrangement to have the 60% share managed jointly by the two parties seemed to have been reached by consent. The child is still a minor and therefore there cannot be a single administrator. The law requires a minimum of two administrators in such situations. It is clear from the pleadings that the 60% share is managed jointly for the benefit of the child. There is no evidence that the Applicant requested the Respondent to release some money for the child's school fees and the Respondent refused. The Respondent should also be made to understand the purpose of each withdrawal from the account. The claim for Kshs. 20,000 is based on a letter and not a fee structure. The court allowed that payment. However, next time the Applicant should be able to annex the fee structure as opposed to a letter.
The beneficiary of the money deposited in the joint account is a minor aged about 7 years old. The child has a very long way to go. I do find that there is need to have the funds managed prudently. There is no allegation of mismanagement of the funds by the Respondent. Indeed, the Respondent's concern is the welfare of the child.
Given the pleadings herein, I am satisfied that the best interest of the child will be served if the funds are held in the joint account as it is the case now. The Applicant is at liberty to apply for release of the funds whenever necessary but for a good cause taking into account the fact that those funds have to cater for the child's education in the next ten to fifteen (15) years.
Other than the prayer for kshs. 20,000 that was granted ex parte, I do find that the application dated 22nd September, 2014 lacks merit and the same is dismissed with no order as to costs.
Dated and signed at Malindi this 17th day of December, 2014in the presence of:
Said J. Chitembwe
JUDGE