[2024] KEHC 2914 (KLR)
The court found that the applicant failed to demonstrate necessity for access to the deceased's bank accounts because evidence showed that the minor's educational needs were already provided for through the University of Nairobi pension scheme, which had not been depleted. The applicant did not rebut the...
Source-derived case information.
- Citation
- [2024] KEHC 2914 (KLR)
- Parties
- Applicant: Sylvia Shallyne Obulinji; Respondent: Rose Akeyo Baraza Juma; Respondent: Ian Omondi Juma
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E2495 of 2021
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- HK Chemitei
- Legal Topics
- Child Maintenance, Access to Estate Funds, Interlocutory Applications, School Fees Payment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvia Shallyne Obulinji
Applicant
Rose Akeyo Baraza Juma
Respondent
Ian Omondi Juma
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant should be granted access to the deceased's bank accounts for payment of the minor's school fees.
- 2 Whether the minor's educational needs have already been provided for through other means.
Ratio Decidendi
The court found that the applicant failed to demonstrate necessity for access to the deceased's bank accounts because evidence showed that the minor's educational needs were already provided for through the University of Nairobi pension scheme, which had not been depleted. The applicant did not rebut the respondent's evidence or file a further affidavit. Consequently, the application lacked merit as the minor was not at risk of being deprived of education due to lack of funds from the estate at this stage.
Court Disposition
application dismissed
Orders
- The application dated 3rd March 2023 is dismissed.
- Costs shall await the outcome of the main cause.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of John Wanga Juma (Deceased) (Succession Cause E2495 of 2021) [2024] KEHC 2914 (KLR) (Family) (21 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2914 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E2495 of 2021
HK Chemitei, J
March 21, 2024
IN THE MATTER OF THE ESTATE OF THE LATE JOHN WANGA JUMA (DECEASED)
Between
Sylvia Shallyne Obulinji
Applicant
and
Rose Akeyo Baraza Juma
1st Respondent
Ian Omondi Juma
2nd Respondent
Ruling
1. In her Summons dated 3rd March 2023 the Applicant prays for orders that this court do direct Absa Bank Kenya PLC to allow her access the deceased accounts numbers 2027814355 and 2033675286 for purposes of payment of the deceased minors daughter Emma Refa school fees and other tuition fees amounting to kshs 474500 for academic period 2021 ,2022 and 2023 at Ongata academy.
2. She deponed in her supporting affidavit that the deceased used to support the minor and since his demise she has exhausted all her savings and the child runs the risk of being thrown out of school.
3. She went ahead to cite Section 8(2) of the Children’s Act among others. Consequently, unless the application is allowed she stands to suffer greatly for want of a proper education.
4. The Respondent Rose Akeyo Baraza vide her replying affidavit sworn on 16th June 2023 has called out the applicant for lying under oath. She said that the minor was well provided under the University of Nairobi pension scheme where the applicant has collected some amount and that the said account was yet to be depleted.
5. That the application was solely meant to exhaust the deceased resources before the grant is confirmed and it ought to be disallowed.
6. There was no reply by the applicant to the Respondent’s affidavit. I therefore take it that based on the facts therein, the deceased had provided for the minor through his employer.
7. In this case and looking at the letter attached to the replying affidavit from University of Nairobi dated 25th May 2023, the account was yet to be depleted.
8. In the premises I do not find any merit in the application and the same is hereby dismissed. Costs shall await the outcome of the main cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 21ST DAY OF MARCH 2024. H K CHEMITEIJUDGE