[2015] KEHC 1747 (KLR)
The court found that the applicant had demonstrated urgent and special circumstances justifying the issuance of a special limited grant. The evidence showed that the minor child, who suffers from Dobowitz Syndrome, required immediate financial support for medical care and special education, both of which had been...
Source-derived case information.
- Citation
- [2015] KEHC 1747 (KLR)
- Parties
- Applicant: C S B; Respondent: J P
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1601 of 2015
- Procedural Posture
- Succession Cause / Ruling on Urgent Application for Special Limited Grant
- Outcome
- application allowed; special limited grant issued for urgent needs of minor child.
- Judges
- MW Muigai
- Legal Topics
- Succession of Estates, Special Limited Grant, Child Welfare, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C S B
Applicant
J P
Respondent
Procedural Posture
Succession Cause / Ruling on Urgent Application for Special Limited Grant
Legal Issues
- 1 Whether the applicant has established urgent and special circumstances to warrant a special limited grant for the benefit of the minor child.
- 2 Whether the funds from the deceased's estate can be released for the child's medical and educational needs before full grant of representation is issued.
- 3 Whether the requirements under Section 54 of the Law of Succession Act and the Probate and Administration Rules have been satisfied.
Ratio Decidendi
The court found that the applicant had demonstrated urgent and special circumstances justifying the issuance of a special limited grant. The evidence showed that the minor child, who suffers from Dobowitz Syndrome, required immediate financial support for medical care and special education, both of which had been provided by the deceased during his lifetime. The court was satisfied that the applicant had complied with the procedural requirements for a special limited grant under Section 54 of the Law of Succession Act and the 5th Schedule of the Probate and Administration Rules. The court held that the welfare and best interests of the child necessitated the release of funds from the...
Court Disposition
application allowed; special limited grant issued for urgent needs of minor child.
Orders
- Ksh. 385,000 to be paid to Kenya Community Centre for Learning for the child’s special education.
- Ksh. 116,198.37 to be paid to Resolution Health Insurance Company for the child’s medical care.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLI COF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE 1601 OF 2015
IN THE MATTER OF THE ESTATE OF C FP III (DECEASED)
C S B....................................................................1ST PETITIONER
VERSUS
J P......................................................................2ND RESPONDENT
RULING
By an application filed on 24th September, 2015 under certificate of urgency Counsel for the Applicant applied for the child of the deceased A B P to be allowed due to special circumstances to obtain funds for medical care and special school needs.
By an earlier application filed on 27th August 2013, the subject of this matter confirmed he is the biological son of the deceased herein as evidenced by the birth certificate attached as ‘CSB1’.A medical report dated 6th October, 2004 and the updated medical report from Getrude Children’s Hospital of 1st October, 2015, both confirm that the child is diagnosed with Dobowitz Syndrome, a condition that causes mental retardation of mild to moderate degree, eczema, hyperactivity and failure to thrive and ENT problems.
The deceased supported the minor before he died. This support included having a medical cover for the child.
The child’s best interests and welfare are being adversely affected as his medical cover has not been renewed since his father died on 20th May 2015 as evidenced by the death certificate attached as ‘’CSB1’’.The medical fees are at Ksh. 116,198. 97 as per ‘’CSB3’’documents from Resolution Health Insurance Company.
Due to the child’s condition he requires to attend a special school to cater to his special needs and also offering early intervention programs to help with his development. The Applicant attached the school documents dated 1st September 2015 from Kenya Community Centre for learning fee invoice show a fee of Ksh. 385,500/= .
The mother of the child C S B widow of the deceased is seeking debts listed to be paid as per the attached document ‘’CSB5’’.
The Court finds that the application is brought under urgent and special explained circumstances from the pleadings and annextures.
The Court is satisfied from the evidence that this case merits the grant of special limited grant due to the urgent and special circumstances of the child of the deceased.
The Applicant’s mother and an aunt of the child have complied with the requirements of the special limited grant as provided by Section 54 of the Law of Succession Act Cap 160 and the 5th Schedule of the Probate and Administrators Rules.The Applicant attached;
a) The deceased’s certificate;
b) The child’s birth certificate;
c) The consents of mother and aunt of the child;
d) The letter from the Local Administration;
e) The medical cover documents;
The special need school fees structure.
The special limited grant is therefore granted to pay;
Ksh. 385,000/= to Kenya Community Centre for learning
CFC Stanbic Bank-upper hill Branch A/C No. [particulars withheld] for the child’s special education
Ksh.116, 198. 37 be paid to Resolution Health Insurance Company for the child’s medical care.
The widow C S B to be paid Ksh. 500,000/= for deceased’s debt repayment and subsistence expenses from the deceased’s account.
The funds be withdrawn and transferred to the respective institutions and various accounts from the deceased’s Account Number [particulars withheld] Barclays Bank.
The Applicants shall proceed to apply for a full grant within 90 days under Section 67 of the Law of Succession Act Cap 160. In default the special limited grant shall expire.
READ AND SIGNED IN OPEN COURT AT NAIROBI THIS 6TH DAY OF OCTOBER, 2015
M. W. MUIGAI
JUDGE
In the presence of:
Counsel for the Applicant Ms.Wangui Kimani