[2022] KEHC 2690 (KLR)
The court found that the applicants failed to provide supporting documents or a reasonable explanation for their inactivity regarding the alleged non-receipt of remittances. The evidence indicated that payments had been made up to August 2017, contrary to the applicants' claim of non-payment since 2015. The court...
Source-derived case information.
- Citation
- [2022] KEHC 2690 (KLR)
- Parties
- Applicant: Amardeep Singh Rehal; Applicant: Balvinder Singh Rehal; Respondent: Karmjit Kaur Rehal
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 768 of 2009
- Procedural Posture
- Succession Cause / Ruling on Remittance Dispute and Payment Orders
- Outcome
- Application partially allowed; respondent ordered to pay arrears and continue monthly remittances.
- Legal Topics
- Estate Administration, Remittance of Benefits, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amardeep Singh Rehal
Applicant
Balvinder Singh Rehal
Applicant
Karmjit Kaur Rehal
Respondent
Procedural Posture
Succession Cause / Ruling on Remittance Dispute and Payment Orders
Legal Issues
- 1 Whether the respondent failed to remit payments to the applicants as beneficiaries of the estate.
- 2 Whether the applicants provided sufficient evidence or explanation for the alleged non-receipt of remittances.
- 3 How the court should determine the amount due and the method of future payments.
Ratio Decidendi
The court found that the applicants failed to provide supporting documents or a reasonable explanation for their inactivity regarding the alleged non-receipt of remittances. The evidence indicated that payments had been made up to August 2017, contrary to the applicants' claim of non-payment since 2015. The court accepted the respondent's contention of prepayments and, based on the available figures, ordered the respondent to pay Kshs 4,000,000 to the applicants, calculated at Kshs 100,000 per month from August 2017 to January 2022. The court further directed that future payments be made in a verifiable manner, with written acknowledgements from the applicants, or through payment systems...
Court Disposition
Application partially allowed; respondent ordered to pay arrears and continue monthly remittances.
Orders
- Respondent to pay applicants Kshs 4,000,000, computed at Kshs 100,000 per month from August 2017 to January 2022.
- Respondent to continue remitting Kshs 100,000 monthly to the applicants.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
SUCCESSION CAUSE NO. 768 OF 2009
IN THE MATTER OF THE ESTATE OF THE LATE HARVINDER SINGH REHAL (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY THE DEFENDANTS OF THE ESTATE
AMARDEEP SINGH REHAL BALVINDER SINGH REHAL ..BENEFICIARIES/APPLICANT
VERSUS
KARMJIT KAUR REHAL ...............................................................PETITIONER/RESPONDENT
RULING
By my ruling dated 20th September 2021, I held that the Respondent had stopped making remittances in July 2018.
1. The Court had directed the parties to provide supporting documents, which would enable the Court to verify the exact payments which had been made by the Respondent.
2. No such documents have been provided to the Court.
3. Secondly, the Applicant also failed to provide any explanation for the long period of inactivity on his part, during the time when he says that the Respondent was not remitting payments to him.
4. As held in the Ruling dated 20th September 2021, the un-explained failure by the Applicant, to raise issues for the years when he had not received remittances, was more consistent with the Respondent’s contention, that she had made large prepayments to the Applicant.
5. Although the Applicant had asserted that he had not received remittances from 2015, the figures which he had provided earlier indicate that he had been paid until August 2017.
6. Accordingly, I now order the Respondent to pay to the Applicant the sum of Kshs 4,000,000/=, which is computed at the rate of Kshs 100,000/= per month from August 2017, until January 2022.
7. Thereafter, the Respondent shall continue to remit Kshs 100,000/= monthly.
8. And in order to avoid any disputes in future, the Respondent should make payments in a verifiable manner, such as by cheque, standing order or Mpesa.
9. Upon receipt of payment, the Applicant must issue a written acknowledgement that he had received such payment, on the specified date.
10. If the Applicant should decline to provide a written acknowledgement, the Respondent will be at liberty to choose a payment system whose verifiability would not be dependent upon the co-operation of the Applicant.
DATED, SIGNED AT DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2022
FRED A. OCHIENG
JUDGE