[2019] KEHC 10562 (KLR)
The court found that all beneficiaries, being sons and daughters of the deceased, are entitled to equal shares of the estate, which consists solely of funds in a bank account. The court recognized the need to protect the interests of Billy Kariuki, a beneficiary suffering from mental illness, by ordering that his...
Source-derived case information.
- Citation
- [2019] KEHC 10562 (KLR)
- Parties
- Applicant: David Gichia Chege; Applicant: Priscila Wanjiru Mbugu; Respondent: Billy Kariuki
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 121 of 2017
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- summons for confirmation of grant allowed; grant confirmed; estate to be distributed equally among beneficiaries with special provision for mentally ill beneficiary
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Administration of Estate, Mental Capacity of Beneficiary
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Gichia Chege
Applicant
Priscila Wanjiru Mbugu
Applicant
Billy Kariuki
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed after the lapse of six months.
- 2 How the estate, consisting of funds in a bank account, should be distributed among the beneficiaries.
- 3 How to safeguard the interests of a mentally ill beneficiary, Billy Kariuki.
Ratio Decidendi
The court found that all beneficiaries, being sons and daughters of the deceased, are entitled to equal shares of the estate, which consists solely of funds in a bank account. The court recognized the need to protect the interests of Billy Kariuki, a beneficiary suffering from mental illness, by ordering that his share be held in trust in a joint account managed by the administrators. The court also approved the payment of legal fees from the estate before distribution. There was no dispute among the beneficiaries regarding the mode of distribution, and the statutory period for confirmation of grant had elapsed. The court thus confirmed the grant and directed the equal distribution of the...
Court Disposition
summons for confirmation of grant allowed; grant confirmed; estate to be distributed equally among beneficiaries with special provision for mentally ill beneficiary
Orders
- The grant of letters of administration made to David Gichia Chege and Priscila Wanjiru Mbugu on 21/5/2018 is confirmed.
- The monies held in the deceased’s account number 0130100219110 at Equity Bank of Kenya, Gate House Branch shall be shared out equally among the beneficiaries.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 121 OF 2017
IN THE MATTER OF THE ESTATE OF ELIZABETH GATHONI WANYOIKE (DECEASED)
RULING
1. This ruling is in respect of the summons for confirmation of grant dated the 29/11/2018.
2. The prayers sought are listed as;
a) The grant of letters of administration made jointly to DAVID GICHIA CHEGE and PRISCILA WANJIRU MBUGU on the 21st May, 2018 be confirmed since a period of six (6) months has lapsed since the date of issue of grant.
b) The amount of money in the deceased account number 0130100219110 at Equity Bank Gate House Branch in Nakuru be released to the petitioners for equal distribution between them and amongst the beneficiaries in equal shares since there is no dispute of whatever nature among all of them.
c) The court do order that an agreed sum of Kshs. 40,000/= for the entire representation of the beneficiaries and all the disbursement that have been paid to the firm of Lawrence Mwangi & Mwangi Advocates as a debt while the balance of the estate money is distributed equally among the beneficiaries.
d) That the court do exempt the attendance of Billy Kariuki to court on grounds that he is suffering a prolonged mental disease and does not enjoy any lucid moments and at the moment he is undergoing treatment at RECOVERY TRAILS TREATMENT CENTER at Nyahururu.
e) The court do not take into account Kshs. 173,000/= spent by the 1st petitioner towards the treatment of Billy Kariuki.
f) Any other reasonable order the court may issue to avoid the defeat of the ends of justice.
3. In a nutshell, the administrators of the estate of Elizabeth Gathoni Wanyoike (deceased) seek the confirmation of the grant issued to them on the 21/5/2018.
4. It is averred that six (6) months have elapsed since the issuance of the grant. The estate constitutes of money held in the deceased’s bank account number 0130100219110 at Equity Bank of Kenya, Gate House Branch.
5. The beneficiaries are in agreement that the money be shared out equally among themselves.
6. One of the beneficiaries, Billy Kariuki, is said to suffer a mental illness.He has been on treatment and requires continued treatment into the future.
7. Having considered the summons, the grounds in support and the affidavit evidence, it is clear that the beneficiaries being sons and daughters of the deceased ought to share out the estate equally.
8. This, they have already agreed upon, save to note that the interests of Billy Kariuki who suffers a mental illness need to be taken care of.
9. Accordingly, I proceed to allow the summons for confirmation of grant and make the following orders;
1. The grant of letters of administration made to David Gichia Chege and Priscila Wanjiru Mbugu on the 21/5/2018 is confirmed.
2. The monies held in the deceased’s account number 0130100219110 at Equity Bank of Kenya, Gate House Branch shall be shared out equally among the beneficiaries.
3. The share of beneficiary Billy Kariuki shall be held in a joint account to be opened by the administrators in trust for Billy Kariuki.
4. Kshs. 40,000/= in legal fee be paid toMs Lawrence Mwangi and Mwangi Advocates.
DatedandDeliveredatNakuruthis30thday ofJanuary, 2019.
A. K. NDUNG’U
JUDGE