[2024] KEHC 6420 (KLR)
The court held that it has no jurisdiction within this succession cause to grant leave to withdraw funds from the account of Erick Mwenda Muriithi, as the estate of Erick Mwenda Muriithi is not the subject of these proceedings. The succession cause before the court relates solely to the estate of Silas Muriithi...
Source-derived case information.
- Citation
- [2024] KEHC 6420 (KLR)
- Parties
- Applicant: SNM; Respondent: Lucy Kinanu Muriithi; Respondent: Dr George Koome Muriithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2009
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons Seeking Leave to Withdraw Funds From Deceased Beneficiary's Account
- Outcome
- application declined
- Judges
- TW Cherere
- Legal Topics
- Succession of Estates, Confirmation of Grant, Administration of Estate, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SNM
Applicant
Lucy Kinanu Muriithi
Respondent
Dr George Koome Muriithi
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons Seeking Leave to Withdraw Funds From Deceased Beneficiary's Account
Legal Issues
- 1 Whether the High Court in this cause can grant leave to withdraw funds from the account of a deceased beneficiary whose estate is not the subject of these proceedings.
- 2 Whether the estate of Erick Mwenda Muriithi can be administered or distributed within the succession cause relating to Silas Muriithi Mugambi.
- 3 Whether the parties have complied with the court's previous orders regarding the opening of a rent account for the deceased beneficiary's estate.
Ratio Decidendi
The court held that it has no jurisdiction within this succession cause to grant leave to withdraw funds from the account of Erick Mwenda Muriithi, as the estate of Erick Mwenda Muriithi is not the subject of these proceedings. The succession cause before the court relates solely to the estate of Silas Muriithi Mugambi. Any matters concerning the administration or distribution of the estate of Erick Mwenda Muriithi must be addressed in separate proceedings specific to his estate. The court reiterated its previous orders that the shares of Erick Mwenda Muriithi in the estate of Silas Muriithi Mugambi vest in his estate, and that all rents due to his estate should be deposited in a...
Court Disposition
application declined
Orders
- The chamber summons dated April 26, 2024 seeking leave to withdraw funds from Erick Mwenda Muriithi’s account with ABC Bank Meru Branch is declined.
- The Applicant and the Deputy Registrar are reminded to comply with the order relating to opening of the rent account within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of Silas Muriithi Mugambi (Deceased) (Succession Cause 23 of 2009) [2024] KEHC 6420 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6420 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 23 of 2009
TW Cherere, J
May 30, 2024
Between
SNM
Applicant
and
Lucy Kinanu Muriithi
1st Petitioner
Dr George Koome Muriithi
2nd Petitioner
Ruling
1. The estate in this matter was distributed vide the Certificate of Confirmation in this issued on August 20, 2013 and out of the estate, five assets were distributed to Erick Mwenda Muriithi (Deceased Beneficiary).
2. Following the death of Erick Mwenda Muriithi on 18th July, 2023, this court by an order dated January 25, 2024 declined to redistribute the shares of Erick Mwenda in this cause and directed that the Certificate of Confirmation of Grant issued on 20th August, 2013 shall be rectified to the extent that Erick Mwenda Muriithi’s shares shall vest in his estate.
3. The court also directed that pending the distribution of Erick Mwenda Muriithi’s estate, all rents due and payable to his estate shall be deposited into an account to be opened not later than 14 days from today’s date in the names of Shirlyn Nkatha Mwenda and the Deputy Registrar of this court.
4. To date, there is no evidence that the order relating to the opening of the rent account has been complied with.
5. I wish to reiterate the ruling dated January 25, 2024 that this cause relates to the estate of Silas Muriithi Mugambi and not the estate of his son Erick Mwenda Muriithi.
6. It therefore follows that any matter relating to the estate of the said Erick Mwenda Muriithi cannot be determined in this cause.
7. Consequently, the chamber summons dated April 26, 2024 that seeks leave to withdraw funds from Erick Mwenda Muriithi’s account XXXXX9912 with ABC Bank Meru Branch is declined.
8. The Applicant and the Deputy Registrar of this court are reminded to comply with the order relating to opening of the rent account without further delay and in any event not later than 14 days’ from today’s date.
9. Respondents are hereby given the last warning that the grant shall be revoke in the event that they do not proceed diligently with the administration and transmission of the estate to the respective beneficiaries
10. Mention on October 17, 2024 to confirm transmission of deceased’s estate
DELIVERED IN MERU THIS 30TH DAY OF MAY 2024WAMAE. T. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Ms. Athieno for J.K.Ntarangwi & Co. Advocates& Ms. Nelima for J.Nelima Associates & AdvocatesFor Petitioners/Respondents - Ms. Mugo for Gichunge Muthuri & Co. Advocates