[2015] KEHC 8027 (KLR)

[2015] KEHC 8027 (KLR)

The court found that the applicant, 1st respondent, and 2nd respondent were the only beneficiaries to the estate of the deceased as previously determined. Since the death benefits had been deposited in a bank account pending this determination, and there was no opposition from the respondents, the court ordered that...

Source-derived case information.

Citation
[2015] KEHC 8027 (KLR)
Parties
Applicant: Francisca Munini Mbithi; Respondent: Georgina Mwende Mutunga; Respondent: Tabitha Kalee Kyongo
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 December 2015
Case Number
Succession Cause 2548 of 2002
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Outcome
Application allowed. Estate to be distributed equally among the three beneficiaries.
Judges
AO Muchelule
Legal Topics
Intestate Succession, Distribution of Estate, Death Benefits, Confirmation of Grant
Source Language
english
Family and Children Intestate Succession Distribution of Estate Death Benefits Confirmation of Grant

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Parties

Francisca Munini Mbithi

Applicant

Georgina Mwende Mutunga

Respondent

Tabitha Kalee Kyongo

Respondent

Procedural Posture

Succession Cause / Ruling on Distribution of Estate

Legal Issues

  1. 1 Whether the applicant, 1st respondent, and 2nd respondent are the only beneficiaries to the deceased's estate.
  2. 2 Whether the death benefits held at Barclays Bank should be distributed equally among the beneficiaries.

Ratio Decidendi

The court found that the applicant, 1st respondent, and 2nd respondent were the only beneficiaries to the estate of the deceased as previously determined. Since the death benefits had been deposited in a bank account pending this determination, and there was no opposition from the respondents, the court ordered that the funds, together with any accrued interest, be shared equally among the three beneficiaries. The court further directed that a certificate of confirmation be issued accordingly.

Court Disposition

Application allowed. Estate to be distributed equally among the three beneficiaries.

Orders

  • The sum of Kshs.391,880.05 and all accrued interest held at Barclays Bank of Kenya, Moi Avenue, A/C No. 352065, shall be shared equally among Francisca Munini Mbithi, Georgina Mwende Mutunga, and Tabitha Kalee Kyongo.
  • A certificate of confirmation shall issue accordingly.