[2022] KEHC 2741 (KLR)
The court found that the applicant had provided sufficient evidence of consent from all beneficiaries and the joint account holder for the withdrawal of funds from the joint account. The affidavits of consent and the chief's letter confirmed the identities and agreement of the beneficiaries. There was no objection...
Source-derived case information.
- Citation
- [2022] KEHC 2741 (KLR)
- Parties
- Applicant: James Mwangi Owiti; Respondent: Mary Wambui Mburu (deceased)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E157 of 2012
- Procedural Posture
- Probate and Administration / Ruling on Application for Limited Grant Ad Colligenda Bona
- Outcome
- application for limited grant ad colligenda bona allowed
- Judges
- RB Ngetich
- Legal Topics
- Letters of Administration, Ad Colligenda Bona, Estate Distribution, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwangi Owiti
Applicant
Mary Wambui Mburu (deceased)
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Limited Grant Ad Colligenda Bona
Legal Issues
- 1 Whether the applicant is entitled to a limited grant of letters of administration ad colligenda bona for the purpose of withdrawing funds from the joint account of the deceased and James Mwangi Owiti.
- 2 Whether all beneficiaries and joint account holders have consented to the withdrawal of funds for payment of school fees and creditors.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence of consent from all beneficiaries and the joint account holder for the withdrawal of funds from the joint account. The affidavits of consent and the chief's letter confirmed the identities and agreement of the beneficiaries. There was no objection to the application, and the purpose of the withdrawal—to pay school fees and creditors—was justified. The court therefore granted a limited grant of letters of administration ad colligenda bona, restricted to the payment of funds from the specified account to the accounts listed in the application, pending the issuance of a full grant.
Court Disposition
application for limited grant ad colligenda bona allowed
Orders
- A grant of letters of administration ad colligenda bona is issued, limited to payment of funds from the joint account held by the deceased and James Mwangi Owiti to the accounts listed in prayers 1, 2, and 3 of the application dated 11th January, 2022.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
PROBATE & ADMINISTRATION
CIVIL CASE NO. E157 OF 2021
IN THE MATTER OF THE ESTATE OF MARY WAMBUI MBURU (DECEASED)
RULING
1. I have perused and considered affidavit in support of the application dated 11th January, 2022. I have also perused the chief’s letter dated 2/12/2021 confirming beneficiaries of the deceased.
2. I have also perused affidavit of consent/No objection dated 11th January, 2022 signed by James Mwangi Owiti and affidavit sworn by the deceased’s two daughters dated 11th January, 2022.
3. The two daughters of the deceased have confirmed that they signed the affidavit confirming that they are agreeable to the money being withdrawn from the Acc.xxxxxxxxxxxx Family Bank Gikomba.
4. The joint account holder James Mwangi Owiti has also confirmed to court that he signed the consent and has no objection to the money being withdrawn to pay school fees and creditors.
5. The advocate informed the court that they have petitioned for full Grant.
6. From the foregoing, I do issue grant of Letters of administration ad colligenda bona limited to payment of funds from the account jointly held by the deceased Mary Wambui Mburu (deceased) and James Mwangi Owiti to accounts listed in prayer 1, 2 & 3 of the application dated 11th January, 2022.
RULING DATED AND DELIVERED AT KIAMBU THIS 17TH DAY OF JANUARY, 2022.
RACHEL NGETICH
JUDGE
Coram:
Court Assistant : Kinyua
For Applicant :- Mr. Murage
COURT
RULING delivered in open court.
RACHEL NGETICH
JUDGE