[2017] KEHC 9181 (KLR)
The court found that the application for a limited grant was not supported by the required consents from all beneficiaries, as mandated by law. Furthermore, the applicants failed to demonstrate any special circumstances or sufficient reasons for not petitioning for a full grant of letters of administration. The...
Source-derived case information.
- Citation
- [2017] KEHC 9181 (KLR)
- Parties
- Applicant: Clement Onyango Kwasa; Applicant: Judith Katono Kwasa; Respondent: Donald Otieno Kwasa; Respondent: Carol Miriam Adero Kwasa; Respondent: Nicholas Dodo Kwasa; Respondent: Thomas Omollo Kwasa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 856 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Limited Grant of Letters of Administration Pendente Lite
- Outcome
- application dismissed
- Legal Topics
- Succession, Letters of Administration, Estate Preservation, Funeral Expenses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clement Onyango Kwasa
Applicant
Judith Katono Kwasa
Applicant
Donald Otieno Kwasa
Respondent
Carol Miriam Adero Kwasa
Respondent
Nicholas Dodo Kwasa
Respondent
Thomas Omollo Kwasa
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Limited Grant of Letters of Administration Pendente Lite
Legal Issues
- 1 Whether the applicants are entitled to a limited grant of letters of administration pendente lite to access the deceased's bank account for funeral and related expenses.
- 2 Whether the application is properly supported by the required consents from all beneficiaries.
- 3 Whether sufficient reasons have been provided for not petitioning for a full grant of letters of administration.
Ratio Decidendi
The court found that the application for a limited grant was not supported by the required consents from all beneficiaries, as mandated by law. Furthermore, the applicants failed to demonstrate any special circumstances or sufficient reasons for not petitioning for a full grant of letters of administration. The court also noted the lack of evidence regarding the applicants' dependency on the deceased or their financial status. Consequently, the court dismissed the application, directing the applicants to petition for a full grant, but indicated that a limited grant ad colligenda bona could be sought for collection and preservation of the estate pending the full grant process.
Court Disposition
application dismissed
Orders
- The application for a limited grant of letters of administration pendente lite is dismissed.
- Applicants to petition for a full grant of letters of administration.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
SUCCESSION CAUSE NO. 856 OF 2017
IN THE MATTER OF THE ESTATE OF MARGARET MATENDECHERE KWASA (DECEASED)
RULING
1. Through application dated 28th June, 2017, the petitioners/applicants herein filed a petition for letters of administration pendente lite seeking court’s leave to access account No. 0011696007 Transnational Bank Ltd held in the name of their deceased mother Margaret Matendechere Kwasa who passed away on 15th June, 2017.
2. The application is supported by a joint affidavit deponed by Clement Onyango Kwasa and Judith Katono Kwasa the applicants herein. The application which is filed under certificate of urgency sought for a limited grant permitting the applicants to access the said bank account for purposes of withdrawing Kshs.495,000/= to enable them prepare and organize for the funeral of their late mother, Kshs.70,000/= for house rent, Kshs.3500/= for electricity and water, Kshs.40,000/= for car fueling and maintenance, 79,000/= for house shopping, food and incidentals and Kshs.100,000/= for Clement Kwasa being his monthly daily upkeep.
3. The deceased who has since been buried, is survived by six children all of whom are adults namely Donald Otieno Kwasa, Carol Miriam Adero Kwasa, Nicholas Dodo Kwasa, Thomas Omollo Kwasa and Judith Katano. Three of the said children interalia Donald Otieno Kwasa, Nicholas Dodo Kwasa and Thomas Omollo Kwasa are residing in the U.S.
4. The applicant averred that before their mother died, she was staying with Carol Miriam Adero Kwasa at Mariba Apartments where she was paying monthly rent of 70,000/= and that the only source of income is cash in their mother’s account where money from rental houses owned by her (deceased) is remitted by tenants. The applicants listed land parcel No. Songoh/Tenderet 3/ 10817, six apartments on LR 1876/111 Westlands, motor vehicle KBW 654L Mazda Demio and shares in Charismata Sacco.
5. I have considered the application herein and supporting affidavit. The application is not supported by any consent from all beneficiaries as required in law. Secondly, apart from Carol who was staying with the mother before her death, the applicants did disclose what they do to earn a living and therefore their financial status vis a vis dependency on their mother prior to her demise. There is nothing of a special nature demonstrated or otherwise to warrant issue of the orders sought.
6. I have not been given sufficient reasons as to why the applicants cannot petition for a full grant. Accordingly and for the reasons stated herein above, application is dismissed with orders that the applicants do petition for a full grant. However, for purposes of collection and preservation of the estate the applicants perhaps can seek a limited grant of letters of administration ad colligeda bona – pending filing of a full grant.
DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF JULY, 2017.
J.N. ONYIEGO (JUDGE)
In the presence of
.....................................Counsel for applicant