[2024] KEHC 7435 (KLR)
The court found that the applicant, having obtained a grant of representation in England which was duly resealed in Kenya, is the lawful administrator of the deceased's estate in Kenya. The administrator is therefore entitled to collect and manage the deceased's assets, including the funds held in the Housing...
Source-derived case information.
- Citation
- [2024] KEHC 7435 (KLR)
- Parties
- Applicant: David Waweru Stewart
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1474 of 2017
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- application allowed as prayed
- Judges
- HK Chemitei
- Legal Topics
- Grant Resealing, Estate Administration, Bank Account Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Waweru Stewart
Applicant
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the administrator is entitled to direct the transfer of funds from the deceased's Kenyan bank account to the administrator's account for distribution to beneficiaries.
- 2 Whether HFC Limited should be compelled to issue a bank statement and close the deceased's account.
Ratio Decidendi
The court found that the applicant, having obtained a grant of representation in England which was duly resealed in Kenya, is the lawful administrator of the deceased's estate in Kenya. The administrator is therefore entitled to collect and manage the deceased's assets, including the funds held in the Housing Finance Co. Ltd bank account. There being no opposition and the application being supported by affidavit evidence, the court held the application to be meritorious and allowed the orders as prayed, directing HFC Limited to transfer the funds to the administrator's account, issue a bank statement, and close the account. Costs were ordered to be in the cause.
Court Disposition
application allowed as prayed
Orders
- HFC Limited is directed to authorise transfer of all money held in the deceased's Housing Finance Co. Ltd Bank Account to the Administrator’s Lloyds Bank plc account for transmission to the beneficiaries.
- HFC Limited is directed to issue a bank statement of the deceased's Housing Finance Co. Ltd Bank Account and thereafter close the said bank account.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of the Late Elizabeth Wangui Waweru (Deceased) (Succession Cause 1474 of 2017) [2024] KEHC 7435 (KLR) (Family) (20 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7435 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1474 of 2017
HK Chemitei, J
June 20, 2024
In the matter of
David Waweru Stewart
Applicant
Ruling
1. In his application dated 11th November 2023 the Applicant prays for the following:-(a)That HFC Limited be directed to authorise transfer of all the money held in the deceased persons Housing Finance Co. Ltd Bank Account No. xxx-xxxx to the Administrator’s bank, Lloyds Bank plc account no xxxx for transmission to the beneficiaries of the estate.(b)HFC Limited be directed to issue a bank statement of Housing Finance Co Ltd Bank Account No. A/C xxxx-xxxx and thereafter close the said bank account.
2. The application is based on the grounds thereof and the affidavit sworn on the same date.
3. From the affidavit evidence it is apparent that the applicant is the administrator of the deceased estate pursuant to the grant issued in England on 22nd July 2015 and was resealed in Kenya on 30th April 2018.
4. It is also clear that the deceased had a bank account at HFCK Bank Ltd which had some funds as indicated in the said affidavit.
5. In the premises I do find the application meritorious and the same is allowed as prayed. Costs shall be in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20th DAY OF JUNE 2024. H K CHEMITEIJUDGE