[2024] KEHC 14839 (KLR)
The court found that the Petitioners demonstrated sufficient urgency and special circumstances to warrant a Special Limited Grant. The outstanding construction payment was necessary to preserve the value of the estate and prevent loss through contract termination. The court held that, under Section 54 and Rule 36 of...
Source-derived case information.
- Citation
- [2024] KEHC 14839 (KLR)
- Parties
- Applicant: Patricia Wainoe Karanja; Applicant: Joseph Karanja Wambui; Applicant: Esther Wangu Karanja; Respondent: Charity Wambui Muratha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E883 of 2024
- Procedural Posture
- Probate and Administration / Ruling on Application for Special Limited Grant
- Outcome
- application for special limited grant allowed
- Judges
- H Namisi
- Legal Topics
- Special Limited Grant, Administration of Estate, Urgent Access to Funds, Preservation of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patricia Wainoe Karanja
Applicant
Joseph Karanja Wambui
Applicant
Esther Wangu Karanja
Applicant
Charity Wambui Muratha
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Special Limited Grant
Legal Issues
- 1 Whether the Petitioners should be granted a Special Limited Grant to access the deceased's bank account for the purpose of settling outstanding construction costs.
- 2 Whether the urgency and circumstances justify bypassing the usual publication and objection period for full grant of representation.
- 3 Whether the authority to access estate funds should be limited to the specific amount required for construction.
Ratio Decidendi
The court found that the Petitioners demonstrated sufficient urgency and special circumstances to warrant a Special Limited Grant. The outstanding construction payment was necessary to preserve the value of the estate and prevent loss through contract termination. The court held that, under Section 54 and Rule 36 of the Probate and Administration Rules, it had discretion to issue a limited grant for collection and preservation of assets in urgent cases. The authority granted was strictly confined to accessing the deceased's Equity Bank account for the sole purpose of paying Kshs 5,211,457 to Impel Design Ltd, as supported by the contract and consent of all beneficiaries. No further...
Court Disposition
application for special limited grant allowed
Orders
- A Special Limited Grant is issued to the Petitioners solely for the purpose of settling the outstanding payment for construction work by Impel Design Ltd.
- A sum of Kshs 5,211,457 held in the deceased’s Equity Bank Account number 1250XXXXXXXXXXXXXXXX881 at Karen Branch shall be paid to Impel Design Ltd.
Full Case Text
Judgment text and source record
28 paragraphs
In re Estate of Martin J. Karanja alias Martin Muthee Karanja (Deceased) (Probate & Administration E883 of 2024) [2024] KEHC 14839 (KLR) (Family) (28 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14839 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Probate & Administration E883 of 2024
H Namisi, J
November 28, 2024
IN THE MATTER OF THE ESTATE OF MARTIN J. KARANJA ALIAS MARTIN MUTHEE KARANJA (DECEASED)
In the matter of
Patricia Wainoe Karanja
1st Petitioner
Joseph Karanja Wambui
2nd Petitioner
Esther Wangu Karanja
3rd Petitioner
Ruling
1. The Deceased herein passed away on 8 August 2024 in Nairobi. He died intestate. The Petitioners have presented a Petition for Special Limited Grant dated 22 October 2024. The same is presented in their capacity as the surviving children of the Deceased. The only other Beneficiary named is their mother, Charity Wambui Muratha, the widow.
2. The Petition is supported by an Affidavit sworn jointly by the Petitioners. The Petitioners aver that prior to his demise, the Deceased entered into a agreement with Impel Design Limited for the construction of a house on his property L.R Number 2259/835. The construction which began on 5 February 2024 was set to be completed on 30 September 2024. By the time of the Deceased’s demise, the said construction was in the final stages, but stalled due to an outstanding payment of Kshs 5,211,457/=. The Petitioners aver that the contract is at risk of being terminated by the Contractor due to the outstanding payment. In particular, the Petitioners have referred to clause 26 of the attached Agreement which provides for termination of the Agreement
3. In the premise, the Petitioners pray to access the Deceased’s bank account held at Equity Bank with a view to obtaining monies to be able to settle the outstanding payment.
4. In addition to the Agreement dated 2 February 2024, the Petitioners have provided a letter from the Chief, Karen Location indicates 4 surviving heirs to the Deceased, the 3 Petitioners herein and their mother. There is a consent signed by the Widow, Charity Wambui Muratha. Also attached is a Statement of Account for the Construction Work from Impel Design Ltd dated 14 October 2024.
5. Sections 54 and 67 (1) of the Law of Succession Act, Cap 160 of the Laws of Kenya and Rule 36 of the Probate and Administration Rules provide the circumstances under which a Special Limited Grant may be issued by the Court.(54)A court may, according to the circumstances of each case, limit any grant of representation which it has jurisdiction to make, in any of the forms described in the Fifth Schedule to this Act.(67)(1)No grant of representation, other than a Limited Grant for Collection and Preservation of Assets, shall be made until there has been published notice of the application of such grant, inviting objections thereto to me made known to the court within a specified period of not less than thirty days from the date of publication, and the period so specified has expired.(36)(1)Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate.
6. I have considered the Application and attachments. I have also considered that the size of the estate has not been fully established. The authority to access the money in the accounts should be limited to the construction costs as enumerated in the Application.
7. In order to preserve the assets of the estate, the access granted to the Applicants shall be limited to Equity Bank, Karen Branch Account number 1250XXXXXXXXXXXX881, and for the amount presently required for the completion of the construction on LR No. 2259/835, which is Kshs 5,211,457/=. The said sums shall be paid to Impel Design Ltd as per the bank details provided in the Agreement dated 2 February 2024.
8. Any further dealing with the estate of the Deceased must be with the authority of the Court or upon full grant of representation.
9. In summary, I invoke the powers vested in this court by Rule 73 of the Probate and Administration Rules and make the following orders:-i.That a Special Limited Grant be and is hereby issued to the Petitioners only for purposes of facilitating the settlement of the outstanding payment for the construction work by Impel Design Ltd;ii.That a sum of Kshs 5,211,457/= held in the Deceased’s Equity Bank Account number 1250XXXXXXXXXXXXXXXX881 at its Karen Branch, be paid to Impel Design Ltd;iii.This being a family matter I make no orders on costs.
10. The Manager of Equity Bank Ltd, Karen Branch shall be served with this Order for compliance.
DATED AND DELIVERED AT NAIROBI THIS 28 DAY OF NOV 2024HELENE R. NAMISIJUDGEDelivered on virtual platform in the presence of:Mr. Khisa .......for the Petitioners