[2014] KEHC 1080 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the issuance of a Special Limited Grant, as the funds were required for the immediate needs of the deceased's children and to complete payment for land purchased by the deceased. The court was satisfied by the supporting affidavit, the...
Source-derived case information.
- Citation
- [2014] KEHC 1080 (KLR)
- Parties
- Applicant: Martha Chepkorir Koech
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 217 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Special Limited Grant
- Outcome
- application granted
- Judges
- HI Ong'udi
- Legal Topics
- Succession, Special Limited Grant, Withdrawal of Funds, Maintenance of Dependants
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Chepkorir Koech
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Special Limited Grant
Legal Issues
- 1 Whether the applicant is entitled to a Special Limited Grant to withdraw funds from the deceased's bank account for the benefit of the deceased's children and to complete payment for land purchased by the deceased.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the issuance of a Special Limited Grant, as the funds were required for the immediate needs of the deceased's children and to complete payment for land purchased by the deceased. The court was satisfied by the supporting affidavit, the documentary evidence provided, and the absence of any objection to the application. The court limited the grant to the withdrawal of Ksh.735,000 for the specified purposes and required the applicant to account for the use of the funds within thirty days, including providing details of the land payment.
Court Disposition
application granted
Orders
- A Special Limited Grant is issued to the applicant to withdraw Ksh.735,000 from the deceased's Barclays Bank of Kenya Kericho Branch account for the purposes set out in the supporting affidavit.
- The applicant must within thirty days file documents in court showing how the amounts have been utilized, including details of the land payment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
SUCCESSION CAUSE NO. 217 OF 2014
IN THE MATTER OF THE ESTATE OF CHARLES KIPKETER KOECH (DECEASED)
MARTHA CHEPKORIR KOECH …………….. PETITIONER
R U L I N G
1. This is the application by the Petitioner dated 8th December, 2014 filed under certificate of urgency. Its brought under Rule 59of the Probate and Administration Rules. The applicant seeks a Special Limited Grant to allow her withdraw funds from the deceased's Account No. [particulars withheld]at Barclays Bank of Kenya Kericho Branch.
2. The application is supported by the grounds on the face of the application and the supporting affidavit. The main reason for the withdrawal of the money is for purposes of paying fees for two of the deceased's children and completing payment of a land purchased by the deceased. She also requires money to pay for the hostels and pocket money for the two students.
3. I do note that the petitioner/applicant has filed a petition for letters of administration of grant which has already been gazetted, awaiting the confirmation vide Form 30from the Principal Registry Nairobi. So far no objection has been filed.
4. The Manager Barclays Bank Kericho has forwarded to this court the current statement of the deceased's Account No. [particulars withheld]. The said statement shows that the account has sufficient funds to cater for the present and future needs of the applicant and children.
5. In her supporting affidavit she has annexed documents marked “MCK 2a-e” to support her request for finances.
6. I am therefore satisfied that the applicant has made out a case for the issuance of a Special Limited Grant to enable her access the deceased's Account No.[particulars withheld]Barclays Bank of Kenya Kericho Branch.
The Special Limited Grant is limited to the withdrawal of Ksh.735,000/= (seven hundred and thirty five thousand shillings only) for the purpose set out in paragraph 5 of her supporting affidavit.
7. She must within thirty (30) days file documents in court to show how she has utilized the amounts shown in paragraph 5a-d of her affidavit. Details of the land being paid for must also be given. Orders accordingly.
DATED AND SIGNED AT KERICHO THIS 17TH DAY OF DECEMBER, 2014
H.I. ONG'UDI
JUDGE