[2020] KEHC 784 (KLR)
The court found that the administrators' application was supported by affidavit evidence and oral submissions, and that all beneficiaries had consented to the release of Kshs 3,170,000 from the deceased's bank account. There being no objection, the court exercised its discretion to allow the administrators to access...
Source-derived case information.
- Citation
- [2020] KEHC 784 (KLR)
- Parties
- Applicant: Kennedy Njine Silas; Respondent: Caroline Wanjiku Kabira
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2019
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons Application for Release of Estate Funds
- Outcome
- application allowed by consent, orders granted as prayed
- Judges
- JK Mulwa
- Legal Topics
- Succession, Administration of Estates, Distribution of Estate Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kennedy Njine Silas
Applicant
Caroline Wanjiku Kabira
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons Application for Release of Estate Funds
Legal Issues
- 1 Whether the administrators should be authorized to access and withdraw Kshs 3,170,000 from the deceased's bank account for the benefit of the estate.
- 2 Whether Absa Bank should be ordered to produce bank statements showing the available balances in the deceased's account.
Ratio Decidendi
The court found that the administrators' application was supported by affidavit evidence and oral submissions, and that all beneficiaries had consented to the release of Kshs 3,170,000 from the deceased's bank account. There being no objection, the court exercised its discretion to allow the administrators to access and withdraw the specified funds for the benefit of the estate, subject to the availability of sufficient funds in the account. The court also ordered Absa Bank to produce the relevant bank statements to facilitate this process. The orders were granted in line with the prayers sought in the application and the consent filed by the parties.
Court Disposition
application allowed by consent, orders granted as prayed
Orders
- Absa Bank to produce bank statements showing available balances in the deceased's account.
- Administrators authorized to access and withdraw Kshs 3,170,000 from the deceased's Absa Bank account, subject to availability of funds.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
SUCCESSION CAUSE NO. 23 OF 2019
IN THE MATTER OF THE ESTATE OF CYRUS KABIRA NJINE alias KABIRA NJINE (DECEASED)
KENNEDY NJINE SILAS........................................................................PETITIONER
VERSUS
CAROLINE WANJIKU KABIRA.........................................................RESPONDENT
RULING
1. By a Chamber Summons application dated 4/9/2020, the applicants who are the Administrators of the Estate of Cyrus KN (deceased) and the beneficiaries have approached the court seeking ORDERS:-
a. Spent
b. That this Honourable Court be pleased to make an Order directing Absa Bank to produce before the court bank statements showing the available balances in the deceased’s Account No. XXXXXXX.
c. That this Honourable court be pleased to order, authorizing the Applicants/Administrators to access and deal with, and withdraw funds amounting to Kshs 3,170,000/- from the deceased’s Bank Account No. XXXXXXX held at Absa Bank to protect the interests of the deceased’s estate.
2. Upon grounds stated in the supporting affidavit sworn on the 4/9/2020 by the Administrators of the estate.
3. I have perused and considered the affidavit and annextures thereto, and oral submissions by Kimaita, Advocate for the family. The administrators and beneficiaries were present in court. They have further consented to have the funds released to the Administrators for purposes stated in the affidavit in the sum of Kshs 3,170,000/- by a consent filed on the 6/10/2020.
4. In the circumstances, there being no objection to the orders being granted, I allow the application in terms of prayer No. 2, in the first instance, and if the funds in the said account are sufficient to meet the demand for withdrawal of Kshs 3,170,000/- to proceed and release the said sum of the estate to the administrators in line with Prayer No. 3 thereof.
Order accordingly.
Signed, Dated and Delivered at Kerugoya this 15th day of October, 2020.
J. N. MULWA
JUDGE
Parties:-
Wambugu & Muriuki Advocates
Lonrho House 12th Floor
Standard House
P.O Box 15470-00400
Nairobi