In re Estate of Franklin Mbuba Ndii (Deceased) (Succession Cause E003 of 2025) [2026] KEHC 5980 (KLR) (27 April 2026) (Ruling)

In re Estate of Franklin Mbuba Ndii (Deceased) (Succession Cause E003 of 2025) [2026] KEHC 5980 (KLR) (27 April 2026) (Ruling)

The conservatory order was incapable of implementation as the account had already been closed; the Bank is discharged from the order. Costs are not awarded to the Applicant as the application arose from its own omission in failing to respond to the earlier application.

Citation
[2026] KEHC 5980 (KLR)
Parties
Applicant: Equity Bank (Kenya) Limited; Respondent/administrator: Doreen Kawira Mbuba; Respondent/administrator: Lisa Kawira Mbuba
Court
High Court
Jurisdiction
Kenya
Judgment Date
27 April 2026
Case Number
Succession Cause E003 of 2025
Procedural Posture
Succession Cause / Ruling on Application to Lift Conservatory Order and for Costs
Outcome
Conservatory order lifted and set aside; Applicant Bank discharged; no costs awarded.
Legal Topics
Conservatory Orders, Costs, Bank Account Closure, Estate Administration
Source Language
English
Succession Civil Procedure Conservatory Orders Costs Bank Account Closure Estate Administration

Case Brief

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Parties

Equity Bank (Kenya) Limited

Applicant

Doreen Kawira Mbuba

Respondent/administrator

Lisa Kawira Mbuba

Respondent/administrator

Procedural Posture

Succession Cause / Ruling on Application to Lift Conservatory Order and for Costs

Legal Issues

  1. 1 Whether the conservatory order issued on 17th March 2026 should be lifted/set aside
  2. 2 Whether the Applicant Bank should be awarded costs of its application

Ratio Decidendi

The conservatory order was incapable of implementation as the account had already been closed; the Bank is discharged from the order. Costs are not awarded to the Applicant as the application arose from its own omission in failing to respond to the earlier application.

Court Disposition

Conservatory order lifted and set aside; Applicant Bank discharged; no costs awarded.

Orders

  • The conservatory order dated 17th March 2026 is set aside.
  • The Respondent Bank is discharged from the order.