[2020] KEHC 7627 (KLR)
The court found that the application for a special limited grant was justified and in the best interest of the deceased's children. The Director of Children Services' report confirmed the need for immediate financial support for the children's upkeep and education. The court, therefore, exercised its discretion to...
Source-derived case information.
- Citation
- [2020] KEHC 7627 (KLR)
- Parties
- Applicant: Okal Narkisho; Applicant: Charles Otieno Okal; Respondent: Cooperative Bank of Kenya Limited; Respondent: Kenya Commercial Bank
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1436 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application for Special Limited Grant
- Outcome
- application granted
- Judges
- A Ali-Aroni
- Legal Topics
- Succession of Estates, Limited Grant of Letters, Child Upkeep, School Fees, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okal Narkisho
Applicant
Charles Otieno Okal
Applicant
Cooperative Bank of Kenya Limited
Respondent
Kenya Commercial Bank
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Special Limited Grant
Legal Issues
- 1 Whether a special limited grant should be issued to the applicants to access the deceased's bank accounts for the benefit of the deceased's children.
- 2 Whether the application is in the best interest of the children.
Ratio Decidendi
The court found that the application for a special limited grant was justified and in the best interest of the deceased's children. The Director of Children Services' report confirmed the need for immediate financial support for the children's upkeep and education. The court, therefore, exercised its discretion to grant the application, enabling the applicants to access the deceased's bank accounts solely for the purpose of providing for the children. The decision was grounded in the principle that the welfare of the children is paramount and that the estate's assets may be accessed on a limited basis to meet urgent needs pending full administration of the estate.
Court Disposition
application granted
Orders
- A special limited grant is issued to the applicants to access the deceased's accounts with Cooperative Bank of Kenya Limited and Kenya Commercial Bank for the purpose of paying upkeep and school fees for the deceased's children.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1436 OF 2019
IN THE MATTER OF THE ESTATE OF JOSHUA OGOLA OKAL (DECEASED)
R U L I N G
1. The Applicants Okal Narkisho & Charles Otieno Okal , brothers of Joshua Okal Ogolla (deceased) who died on the 22nd of June 2019, moved this court for a special limited grant to enable them access funds in the deceased account number [….] with the Cooperative Bank of Kenya Limited and account number [….] with the Kenya Commercial Bank in order to pay for upkeep and school fees for the deceased children.
2. The deceased wife predeceased him. They left behind five issues namely;-
i. EDO
ii. DOO
iii. NOO
iv. BOO &
v. POO.
3. The court was informed that the first Applicant has physical custody of the first four children and the 5th child stays upcountry with their mother.
4. In order to understand the circumstances surrounding this matter the court involved the Department of Children Services so that more investigations could be conducted. The Director of Children Services made enquiries and filed his report on the 10th of February, 2020.
5. I have considered the petition and the report filed pursuant to the enquiry made through the Director Children Services and I have formed the opinion that the application is justifiable and in the best interest of the children and I hereby grant the same.
Dated and Delivered in Nairobi on this26TH day of FEBRUARY, 2020.
ALI-ARONI
JUDGE