[2009] KEHC 3864 (KLR)
The court found that the applicant was indeed in need of medical care and that there was no evidence to support the respondent's claim that she was receiving a pension. The respondent was already benefiting from the estate's income, while the applicant was being denied access to necessary funds. The court held that...
Source-derived case information.
- Citation
- [2009] KEHC 3864 (KLR)
- Parties
- Applicant: Juliet Wangui Ndegwa; Respondent: Francis James Ndegwa
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 72 of 2004
- Procedural Posture
- Succession Application / Ruling on Application for Access to Estate Funds Pending Appeal
- Outcome
- application allowed
- Judges
- MM Kasango
- Legal Topics
- Administration of Estates, Interlocutory Applications, Distribution of Estate, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliet Wangui Ndegwa
Applicant
Francis James Ndegwa
Respondent
Procedural Posture
Succession Application / Ruling on Application for Access to Estate Funds Pending Appeal
Legal Issues
- 1 Whether the applicant should be allowed access to estate funds for medical care pending appeal.
- 2 Whether the Deputy Registrar should be authorized to co-sign bank documents in place of the respondent.
Ratio Decidendi
The court found that the applicant was indeed in need of medical care and that there was no evidence to support the respondent's claim that she was receiving a pension. The respondent was already benefiting from the estate's income, while the applicant was being denied access to necessary funds. The court held that the application was merited and that justice required the applicant to be allowed access to the estate's funds for her medical needs. The Deputy Registrar was therefore authorized to sign the necessary bank documents in place of the respondent to effect the judgment of 21st April 2008.
Court Disposition
application allowed
Orders
- The Deputy Registrar of the court is authorized to sign/execute the necessary bank forms relating to the estate's bank account instead of Francis James Ndegwa to effect the judgment of 21st April 2008.
- The costs of the application are awarded to Juliet Wangui Ndegwa.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Succession 72 of 2004
IN THE MATTER OF THE ESTATE OF ROBERT WAHOME NDEGWA – DECEASED
JULIET WANGUI NDEGWA ……..……… PETITIONER/APPLICANT
Versus
FRANCIS JAMES NDEGWA ………… OBJECTOR/ RESPONDENT
RULING
Judgment was delivered by this court on 21st April 2008 in this matter directing the distribution of the estate of the deceased to the beneficiaries. An application for stay of execution was filed by Francis James Ndegwa. In the courts ruling a conditional stay was issued. The court stayed any transfer of immovable properties and motor vehicles of the deceased estate. The deceased estate had one immovable property in Buruburu Estate Nairobi from which rent is collected. The motor vehicles owned by the estate are public service vehicles which bring in an income. Over and above that the estate had various bank accounts. The evidence came out clearly at the hearing was that Francis James Ndegwa was collecting the rent of the Buruburu house and the proceeds of the public service vehicles. This had been the case since the death of the deceased. Similarly the applicant Juliet Wangui Ndegwa had benefited from the money held in the various bank accounts. There were balances in credit still remaining in those accounts. The applicant and the respondent are husband and wife and are the parents of the deceased. They have had a tug of war over their deceased son’s estate. The respondent Francis James Ndegwa is appealing against the judgment of this court. He however has not obtained stay of execution. In the application of Juliet Wangui Ndegwa dated 17th December 2008 she seeks from the court an order that the deputy registrar of this court be authorized to co-sign with her the bank documents to enable her access the funds which she needs to pay for her medical care which she is undergoing. Having had the benefit of hearing and seeing the parties in this case as they gave evidence I did note that the applicant was indeed sickly following a road traffic accident. It is therefore not surprising to see that she has requested for money to be able to cater for her medical care. The respondent has opposed the application on the basis that he had an appeal pending. He further deponed that the applicant is in receipt of monthly pension of Kshs. 17,000. There is no evidence of that pension being received by the applicant. The respondent in objecting to the application he fails to state that he himself is benefiting from the rent income of the Buruburu house and the proceeds of the public service vehicles. In my view the application is merited. I grant the following orders:-
1. That the Deputy Registrar of this court is hereby authorized to sign / execute the necessary bank forms relating to the bank account of this estate instead of Francis James Ndegwa to effect the judgment of this court of 21st April 2008.
2. The costs of this application is awarded to Juliet Wangui Ndegwa.
Dated and delivered this 10th day of February 2009.
MARY KASANGO
JUDGE