[2018] KEHC 1108 (KLR)
The court found that the applicants, as immediate dependants of the deceased, had demonstrated urgent and special circumstances justifying the issuance of a special grant limited to the withdrawal of funds for specific expenses. The court held that while the general rule is that no distribution of capital assets...
Source-derived case information.
- Citation
- [2018] KEHC 1108 (KLR)
- Parties
- Applicant: NWM; Applicant: IMM
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Special Grant of Letters of Administration
- Outcome
- application for special grant allowed in part
- Judges
- LN Mutende
- Legal Topics
- Special Grants, Estate Administration, Urgent Needs of Dependants, Powers of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NWM
Applicant
IMM
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Special Grant of Letters of Administration
Legal Issues
- 1 Whether a special grant of letters of administration limited to payment of urgent expenses should be issued before confirmation of grant.
- 2 Whether the applicants have demonstrated sufficient urgency and necessity for the limited grant.
Ratio Decidendi
The court found that the applicants, as immediate dependants of the deceased, had demonstrated urgent and special circumstances justifying the issuance of a special grant limited to the withdrawal of funds for specific expenses. The court held that while the general rule is that no distribution of capital assets should occur before confirmation of grant, Section 54 of the Law of Succession Act allows for limited grants in special circumstances. The court was satisfied that the payments for hospital bills, school fees, and rent were urgent and necessary for the welfare of the deceased's dependants, and that the funds were available in the deceased's bank account. The court declined to...
Court Disposition
application for special grant allowed in part
Orders
- A special grant of letters of administration in respect of the estate of the deceased shall issue to the applicants limited to withdrawal of a sum of Kshs. 1,300,000 from Account No. [particulars withheld] Co-operative Bank, JKIA Branch, to be expended on school fees for the two children of the deceased, rent, and...
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
SUCCESSION CAUSE NO. 6 OF 2018
IN THE MATTER OF THE ESTATE OFPATRICK MUTISYA MUNYITHYA(DECEASED)
NWM )
IMM )……….…APPLICANTS/PETITIONERS
R U L I N G
1. On the 25thday of September, 2018, NWMand IM,the wife and son of PMM,(Deceased), respectively petitioned for a special grant of letters of administration limited to payment of a hospital bill in the sum of Kshs. 1,031,964/=,school fees for IMin the sum of Kshs. 65,500/=, SKMin the sum of Kshs. 44,500/=,three months’ rent in the sum of Kshs. 40,000/=per month and a client’s money USD 27,032. 39.
2. The application is supported by an affidavit deponed jointly by both Applicants where they aver that the aforestated payments are urgent and cannot wait for issuance of a certificate of grant and there is money held in the Co-operative Bank of Kenya Account No.[particulars withheld], JKIA Branch.
3. I have considered the application. It is indicated that the Deceased who died on the 4thday of July, 2018was survived by the Applicants herein and a daughter SKMaged twelve (12) years old.It was demonstrated by way of documentary evidence that the 2nd Applicant is a student at Mount Kenya University, Thika Campus.His admission number being [particulars withheld].His Tuition and Accommodation Fees for the semester is Kshs. 65,550/=; Sis a pupil at [particulars withheld]Primary Schoolwhere Kshs. 44,500/=is required; the rent is outstanding for three (3) months while a hospital bill of Kshs. 1,031,964/=is still pending at [particulars withheld] Community Hospital.
4. It is within my knowledge that no grant of representation, a limited grant inclusive confers power to distribute the capital assets of the Deceased until confirmation of the grant (See Section 55 of the Law of Succession Act (Act).However, circumstances set out herein are special and must be addressed, therefore, I am compelled to act pursuant to Section 54of the Actwhich provides thus:
“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.”
5. I have been asked to grant order paying the debt of a creditor, this must await confirmation of the grant for subject to proof it is a liability of the Estate of the Deceased.
6. In the premises I grant orders thus:
· a special grant of letters of administration in respect of the Estate of the Deceased shall issue to the Applicants limited to withdrawal of a sum of Kshs. 1,300,000/=from Account No. [particulars withheld] Co-operative Bank, JKIA Branchwhich shall be expended on school fees for the two (2) children of the Deceased, rent and the hospital bill.
7. It is so ordered.
Dated, Signedand Deliveredat Kituithis 28thday of November,2018.
L. N. MUTENDE
JUDGE