[2015] KEHC 4918 (KLR)
The court declined to grant the orders sought because the applicant, having only a limited grant ad litem, lacked the requisite authority to operate the deceased's bank account for the purposes of paying salaries and rents or to act as a signatory for Capital Bridges Limited. The court emphasized that the applicant...
Source-derived case information.
- Citation
- [2015] KEHC 4918 (KLR)
- Parties
- Applicant: Samson Musyoka Kilonzo; Respondent: Capital Bridges Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2845 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Limited Grant and Authority to Operate Deceased's Account
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Succession Procedure, Limited Grant Ad Litem, Estate Administration, Authority to Operate Account
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Musyoka Kilonzo
Applicant
Capital Bridges Limited
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Limited Grant and Authority to Operate Deceased's Account
Legal Issues
- 1 Whether the applicant should be granted authority to operate the deceased's bank account for payment of salaries and rents.
- 2 Whether the applicant should be made a signatory to the account for the operations of Capital Bridges Limited.
- 3 Whether the applicant has complied with the requirements for obtaining a full grant of representation.
Ratio Decidendi
The court declined to grant the orders sought because the applicant, having only a limited grant ad litem, lacked the requisite authority to operate the deceased's bank account for the purposes of paying salaries and rents or to act as a signatory for Capital Bridges Limited. The court emphasized that the applicant must comply with the statutory process for obtaining a full grant of representation and have it confirmed before such powers can be exercised. The ruling underscores the importance of adhering to the procedural requirements of the Law of Succession Act, specifically that substantive estate administration powers are only available upon confirmation of a full grant. The applicant...
Court Disposition
application dismissed
Orders
- The application for authority to operate the deceased's account and to be made signatory is declined.
- Applicant to comply with the relevant provisions of law, have the application gazetted, and obtain a full grant confirmed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO.2845 OF 2014
IN THE MATTER OF THE ESTATE OF CHRISTOPHER MATATA MUSYOKA (DECEASED)
RULING
The applicant seeks a limited grant and authority to operate the deceased’s account No. [particulars withheld] KCB for purposes of settling salaries and rents. The petitioner also seeks to be allowed to be signatories of the said account for purposes of operations of Capital Bridges Limited.
I have read the affidavit of Samson Musyoka Kilonzo. He has stated why he is seeking the said orders. The amount of salaries is not disclosed. The rents demands are attached. The deceased died in August 2014. The applicants were granted a limited grant ad litem under Section 54 of the Law of Succession Act Cap 160. What the applicant needs to do is to complete the process of getting a full grant and having the same confirmed. I therefore decline to grant the orders sought. Let the applicant comply with the relevant provisions of law. Have the same gazette and proceed and get the full grant confirmed. This matter will be mentioned in 30 days to find out whether the applicant has complied. No orders as to costs.
It is so ordered.
Dated signed and delivered this 22nd day of April 2015.
R. E OUGO
JUDGE
In the presence of:
…………………..………..……………………….…………..the Petitioner
………………………..………………………………………..…Court clerk