[2012] KEHC 3030 (KLR)
The court found that the applicant, as widow and surviving spouse of the deceased, had established sufficient urgency and necessity to justify interim access to the deceased's bank accounts for the purpose of settling outstanding hospital bills. Although written consents from the adult children (other beneficiaries)...
Source-derived case information.
- Citation
- [2012] KEHC 3030 (KLR)
- Parties
- Applicant: Mary Wambui Maina; Respondent: Micheal Gitia Maina; Respondent: Polycap Githaiga Maina; Respondent: Jane Wanjiru Ngobia; Respondent: Lucy Wambui Maina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1071 of 2012
- Procedural Posture
- Succession Cause / Interlocutory Application for Access to Estate Funds
- Outcome
- application allowed in part
- Legal Topics
- Interim Orders, Estate Administration, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Maina
Applicant
Micheal Gitia Maina
Respondent
Polycap Githaiga Maina
Respondent
Jane Wanjiru Ngobia
Respondent
Lucy Wambui Maina
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Access to Estate Funds
Legal Issues
- 1 Whether the applicant should be granted authority to access and withdraw funds from the deceased's bank accounts to pay hospital bills.
- 2 Whether the consent of adult beneficiaries is required for interim access to estate funds.
Ratio Decidendi
The court found that the applicant, as widow and surviving spouse of the deceased, had established sufficient urgency and necessity to justify interim access to the deceased's bank accounts for the purpose of settling outstanding hospital bills. Although written consents from the adult children (other beneficiaries) were not provided, the court accepted the applicant's affidavit evidence that they had consented and were unable to pay the bills themselves. The court exercised its discretion under the Law of Succession Act to authorize the applicant to withdraw up to KES 500,000 from the specified bank accounts, subject to the requirement that she petition for a full grant of representation...
Court Disposition
application allowed in part
Orders
- The applicant is authorized to access and withdraw a maximum of KES 500,000 from Standard Chartered Bank accounts 0100352449500 and/or 0151252499500.
- The applicant shall petition for a full grant without delay.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
SUCCESSION CAUSE 1071 OF 2012
IN THE MATTER OF THE ESTATE OF ELIAS MAINA GITHAIGA (DECEASED)
R U L I N G
I have perused the certificate of urgency dated 13. 6.2012 and the summons of the same date. The Applicant is the widow of the late Elias Maina Githaiga. She and her two sons and two daughters (namely Micheal Gitia Maina, Polycap Githaiga Maina, Jane Wanjiru Ngobia and Lucy Wambui Maina) survived the deceased who left amongst other properties, money in the Standard Chartered Bank in account numbers 0100352449500 and 0151252499500 which are said to hold a cumulative credit balance of about Shs.620,000/=.
The Applicant seeks orders to access and withdraw cash in the said account to meet payment of hospital bills which she has incurred at the Aga Khan Hospital. The bills are shown to be in excess of Shs.331,985/=
In her affidavit sworn on 13/6/2012, the applicant avers that her said children have consented to her request to access and withdraw the money in the said accounts so as to pay the hospital bills as they are not themselves able to pay.
It would have been preferable if the applicants’ children gave written consents as they are all adults. I observe that the deceased died on 29. 1.2012 and his estate consists of land, shares and cash in bank.
In view of the alleged illness, I allow the application and order that the applicant is authorized to access and withdraw a maximum of Shs.500,000/= from the Standard Chartered Bank from A/c numbers 0100352449500 and/or 0151252499500.
I direct that the Applicant shall petition for a full grant without delay. A copy of this ruling shall be supplied to the otherbeneficiaries of the estate through the area chief at Nyangio sub location, Kariti Location, P. O. Box 70, BARICHO.
Dated at Milimani Law Courts, Nairobi, this 27th day of June 2012.
G.B.M. KARIUKI, SC
JUDGE
COUNSEL APPEARING
Mr. Mr. K. Kahiro of Kimani Kahiro & Associates Advocates for Petitioner
Mr. Kugwa – Court Clerk