[2024] KEHC 7992 (KLR)
The court found that the application was merited as it was unopposed and the supporting affidavit established that the late Satish Gautama Advocate did not fulfil his part of the consent. There was no reason to withhold the release of the estate funds held in the specified bank accounts. The court therefore allowed...
Source-derived case information.
- Citation
- [2024] KEHC 7992 (KLR)
- Parties
- Applicant: Solomon Njoroge Kiore; Respondent: Anthony John Thompson
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2276 of 2006
- Procedural Posture
- Succession Cause / Ruling on Ex Parte Application for Release of Funds
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Estate Administration, Release of Funds, Bank Accounts in Estate
- 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
Solomon Njoroge Kiore
Applicant
Anthony John Thompson
Respondent
Procedural Posture
Succession Cause / Ruling on Ex Parte Application for Release of Funds
Legal Issues
- 1 Whether the court should compel Absa Bank Kenya PLC to release KES 1,500,000 deposited by Furncon Limited to the estate account.
- 2 Whether the account in the name of Satish C S Gautama And Waweru G & Com should be closed.
Ratio Decidendi
The court found that the application was merited as it was unopposed and the supporting affidavit established that the late Satish Gautama Advocate did not fulfil his part of the consent. There was no reason to withhold the release of the estate funds held in the specified bank accounts. The court therefore allowed the application, ordering Absa Bank Kenya PLC to release the KES 1,500,000 together with interest and to close the account, with no order as to costs.
Court Disposition
application allowed
Orders
- Absa Bank Kenya PLC (formerly Barclays Bank of Kenya Queensway Branch) is compelled to release KES 1,500,000 deposited by Furncon Limited by cheque dated 7th April 2009, together with interest, held in the accounts in the name of Satish C S Gautama And Waweru G & Com.
- The said account shall be closed upon release of the funds.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Sheila Thomson (Deceased) (Succession Cause 2276 of 2006) [2024] KEHC 7992 (KLR) (Family) (4 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7992 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 2276 of 2006
HK Chemitei, J
July 4, 2024
IN THE MATTER OF THE ESTATE OF THE LATE SHEILA THOMSON (DECEASED)
Between
Solomon Njoroge Kiore
Applicant
and
Anthony John Thompson
Respondent
Ruling
1. The Exparte application dated 12th October 2020 by the applicant prays for orders that:(a)The court be pleased to issue an order compelling Barclays Bank of Kenya Queensway Branch (now known as Absa Bank Kenya PLC) to release the amount of kshs 1,500,000 (Kenya shillings one million five hundred thousand) which was deposited by Furncon Limited By cheque number xxxx dated 7th April 2009 and held in the accounts xxxxxx and xxxxxx together with the interest in the name of Satish C S Gautama And Waweru G & Com and close the account.
2. The application is based on the affidavit of the applicant sworn on the same date.
3. The application is not opposed and the court having read the history thereof as well as the fact that the late Satish Gautama Advocate did not fulfil the part of the consent finds that the application is merited and the same is allowed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 4TH DAY OF JULY 2024. H K CHEMITEIJUDGE