[2016] KEHC 7303 (KLR)

[2016] KEHC 7303 (KLR)

The court found that the beneficiaries of the deceased's estate had already been determined in a previous judgment as the two widows and the mother of the deceased. There being no dispute as to the identity of the beneficiaries or their entitlement, the court ordered that the funds held in Barclays Bank, together with any accrued interest, be distributed in equal shares among the three beneficiaries. The application for distribution was therefore allowed, and no order as to costs was made given the family nature of the dispute.

Citation
[2016] KEHC 7303 (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
18 January 2016
Case Number
Succession Cause 2548 of 2002
Procedural Posture
Succession Cause / Ruling on Application for Distribution of Estate
Outcome
application allowed
Judges
AO Muchelule
Legal Topics
Intestate Succession, Distribution of Estate, Beneficiaries, Equal Shares
Source Language
English
Family and Children Intestate Succession Distribution of Estate Beneficiaries Equal Shares

Case Brief

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Parties

Francisca Munini Mbithi

Applicant

Georgina Mwende Mutunga

Respondent

Tabitha Kalee Kyongo

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Distribution of Estate

Legal Issues

  1. 1 Who are the rightful beneficiaries of the estate of Peter Mutuku Kyongo (deceased).
  2. 2 How should the deceased's benefits deposited in Barclays Bank be distributed among the beneficiaries.

Ratio Decidendi

The court found that the beneficiaries of the deceased's estate had already been determined in a previous judgment as the two widows and the mother of the deceased. There being no dispute as to the identity of the beneficiaries or their entitlement, the court ordered that the funds held in Barclays Bank, together with any accrued interest, be distributed in equal shares among the three beneficiaries. The application for distribution was therefore allowed, and no order as to costs was made given the family nature of the dispute.

Court Disposition

application allowed

Orders

  • The sum of Kshs.391,880.65 plus any accrued interest in Barclays Bank A/C No. 3520651 to be disbursed in equal shares to Francisca Munini Mbithi, Georgina Mwende Mutunga, and Tabitha Kalee Kyongo.
  • No order as to costs.