[2020] KEHC 9136 (KLR)
The court found that the applicant, as a co-administrator, was not entitled to unilaterally seek disbursement of a substantial sum from the estate without proper consultation and agreement with the other co-administrator and beneficiaries. The court emphasized that administrators are expected to consult each other...
Source-derived case information.
- Citation
- [2020] KEHC 9136 (KLR)
- Parties
- Applicant: Eunice Simon Mbilu; Respondent: Marie Kasyoka Mbilu; Respondent: Betty Syongome Mbilu; Respondent: Nancy Mwende Mbilu; Respondent: Julie Syomiti Mbilu; Respondent: Esther Mwikali Katongu Mbilu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 479 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Disbursement of Estate Funds
- Outcome
- application declined
- Judges
- A Ali-Aroni
- Legal Topics
- Administration of Estates, Distribution of Estate Funds, Co Administrator Consultation, Legal Costs in Estate, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Simon Mbilu
Applicant
Marie Kasyoka Mbilu
Respondent
Betty Syongome Mbilu
Respondent
Nancy Mwende Mbilu
Respondent
Julie Syomiti Mbilu
Respondent
Esther Mwikali Katongu Mbilu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Disbursement of Estate Funds
Legal Issues
- 1 Whether the applicant is entitled to disbursement of Kshs. 10,746,200 from the estate for lawyers' fees, medical expenses, and investigation fees.
- 2 Whether the co-administrators were required to consult and agree before incurring such expenses.
- 3 Whether advocate fees and investigator fees should be agreed upon or taxed before payment from the estate.
Ratio Decidendi
The court found that the applicant, as a co-administrator, was not entitled to unilaterally seek disbursement of a substantial sum from the estate without proper consultation and agreement with the other co-administrator and beneficiaries. The court emphasized that administrators are expected to consult each other and involve beneficiaries in decisions affecting the estate. The court also held that advocate fees and investigator fees must be agreed upon or taxed before payment. Since consultations were ongoing and no consensus had been reached, the court declined the application in its entirety and awarded costs to the respondent.
Court Disposition
application declined
Orders
- The application for disbursement of Kshs. 10,746,200 from the estate is declined in its entirety.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 479 OF 2018
IN THE MATTER OF THE ESTATE ELIUD SIMON MBILU (DECEASED)
EUNICE SIMON MBILU....................PETITIONER/APPLICANT
VERSUS
MARIE KASYOKA MBILU...............................1ST RESPONDENT
BETTY SYONGOME MBILU...........................2ND RESPONDENT
NANCY MWENDE MBILU..............................3RD RESPONDENT
JULIE SYOMITI MBILU..................................4TH RESPONDENT
ESTHER MWIKALI KATONGU MBILU.......5TH RESPONDENT
R U L I N G
1. The application before court is dated 10th July 2019 filed by one of the administrators Eunice Simon Mbilu a widow, seeking to have monies disbursed from the estate to cater for lawyers fees, medical expenses and investigation fees all totalling to Kshs. 10,746,200/=. The application is supported by the affidavit of the applicant.
2. The application is objected to by Marie Kasyoka Mbilu a co-administrator and daughter to the deceased from the 1st house.
3. The deceased herein died on the 30th of April 2017 and was survived by a widow and 6 children. The Applicant is the 2nd wife of the deceased and the children from his 1st marriage.
4. The widow petitioned the court for grant of letters of administration and on 29th April 2019 was issued with one. On May 17th 2019 Marie Kasyoka Mbilu by consent of the parties was appointed as a co-administrator.
5. From the pleadings and submissions it appears that the two co-administrators did not agree on any of the requests by the applicant such that prayers seeking to pay the respondent’s counsel’s fees and medical expenses for the respondent’s sibling were withdrawn upon a complaint being raised by the Respondents.
6. The bone of contention is that no consultations were made and/or discussions concluded on the matters raised in the application. Secondly the 1st Respondent contends that the request for lawyers’ fees is premature as no agreement was arrived at and/or no advocates’ bills have been taxed, investigations were carried out without input of the 1st Respondent and further the applicant has maintained herself since the deceased died.
7. The application was filed pursuant to Section 47of theLawof Succession Act which empowers the court to adjudicate on disputes and make such orders or decrees that may be expedient.
8. The court in exercising its jurisdiction has to consider the circumstances pertaining, balance the interest of the parties and exercise the discretion judiciously.
9. It is expected that where there is more than 1 administrator the co-administrators will consult each other and objectively arrive at decisions, in matters relating to the estate. They should also go further to inform and or consult other beneficiaries in arriving at decisions.
10. The application before court is seeking to expend a colossal sum of money. Administrators ought to discuss the matter and involve other beneficiaries however from correspondences made available, consultations were on-going before the application was filed and as such no expenses ought to have been incurred before arriving at a consensus.
11. I agree with the respondent’s counsel that advocate costs ought to be agreed upon or taxed. Similarly the engagement and fees for the investigator should have been discussed and agreed upon.
12. For the above reasons the application for now is declined in its entirety.
13. Costs to the respondent.
Dated and Delivered in Nairobi on this 16TH day of January, 2020
.......................
ALI-ARONI
JUDGE