[2013] KEHC 5691 (KLR)
The court found that the agreement relied upon by the administrators to support the application for partial distribution was deficient, as it was signed by individuals not listed as beneficiaries and omitted signatures of some listed beneficiaries. The affidavit in support failed to explain these anomalies....
Source-derived case information.
- Citation
- [2013] KEHC 5691 (KLR)
- Parties
- Applicant: Administrators of the Estate of Gregory Ndambuki Muoki; Respondent: Beneficiaries of the Estate of Gregory Ndambuki Muoki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2252 of 2004
- Procedural Posture
- Succession Cause / Interlocutory Application for Partial Distribution
- Outcome
- Leave granted to file further affidavit; no substantive orders on distribution made.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Partial Distribution, Administration of Estates, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of Gregory Ndambuki Muoki
Applicant
Beneficiaries of the Estate of Gregory Ndambuki Muoki
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Partial Distribution
Legal Issues
- 1 Whether the administrators should be allowed to access and withdraw funds from the deceased's bank accounts for partial distribution among beneficiaries.
- 2 Whether the agreement supporting the application is valid given the discrepancies in signatories.
Ratio Decidendi
The court found that the agreement relied upon by the administrators to support the application for partial distribution was deficient, as it was signed by individuals not listed as beneficiaries and omitted signatures of some listed beneficiaries. The affidavit in support failed to explain these anomalies. Consequently, the court could not grant the application as presented and required the applicants to clarify the discrepancies through a further affidavit before any substantive orders could be made regarding the distribution of the estate's funds.
Court Disposition
Leave granted to file further affidavit; no substantive orders on distribution made.
Orders
- Applicants granted leave to file a further affidavit explaining the discrepancies in the agreement within thirty (30) days.
- Matter to be mentioned after thirty (30) days for further directions.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO: 2252 OF 2004
AND
IN THE MATTER OF THE ESTATE OF GREGORY NDAMBUKI MUOKI (DECEASED)
RULING
The application dated 18th December 2012 seeks that the administrators be allowed to access two bank accounts for the purpose of withdrawing specified amounts of money so that they can share it out among the beneficiaries to meet their daily needs. This is really an application for partial distribution. The applicants aver that the children are in dire need.
To support the application one of the administrators has sworn an affidavit in which he attaches a copy of an agreement purportedly signed by the children to support the application and the sharing of the funds held in the said accounts.
I have gone through the agreement. I note that it is signed by persons who are not listed in the letter by the Chief and in the petition as surviving children of the deceased, and conversely it has not signed by children who are in the two lists. Samuel Musuvii Ndambuki has signed the agreement, yet he is not in the Chief's list nor in the list in the petition. Gabriel Musau Ndambuki, Francis Muoki Ndambuki and Agatha Nthenya Ndambuki are in the Chief's list and in the petition, but they have not signed the agreement. The affidavit does not explain this anomaly.
I will grant leave to the applicants to file a further affidavit to explain this situation. The matter shall thereafter be mentioned after thirty (30) days for further directions.
DATED, SIGNED and DELIVERED AT NAIROBI THIS 27th DAY OF June 2013.
W.M. Musyoka
JUDGE