[2012] KEHC 5300 (KLR)

[2012] KEHC 5300 (KLR)

The court found that the applicant's request for release of Kshs. 100,000 was properly supported by documentary evidence, including a university admission letter and a consent letter from both administrators. The application was made in accordance with the Law of Succession Act and the Probate and Administration Rules. In contrast, the 2nd Administrator's request was not supported by a formal application or sufficient evidence, and the annexed deferment letter did not establish that the deferment was due to lack of fees. The court therefore granted the applicant's request and disallowed the 2nd Administrator's oral request, emphasizing the need for formal applications supported by...

Citation
[2012] KEHC 5300 (KLR)
Parties
Applicant: Robai Syalo Lutilo; Respondent: 2nd Administrator (unnamed)
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
30 January 2012
Case Number
Probate & Administration 253 of 2003
Procedural Posture
Probate and Administration Cause / Ruling on Application for Release of Estate Funds for Education Expenses
Outcome
Application granted in favour of the applicant; 2nd Administrator's request disallowed.
Judges
A Mshila
Legal Topics
Succession of Estates, Administration of Estates, Release of Funds, Education Expenses
Source Language
English
Family and Children Succession of Estates Administration of Estates Release of Funds Education Expenses

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Parties

Robai Syalo Lutilo

Applicant

2nd Administrator (unnamed)

Respondent

Procedural Posture

Probate and Administration Cause / Ruling on Application for Release of Estate Funds for Education Expenses

Legal Issues

  1. 1 Whether the applicant is entitled to the release of Kshs. 100,000 from the estate funds for payment of university fees for KEVIN KIVEU LUTILO.
  2. 2 Whether the 2nd Administrator is entitled to a similar release for her son JOSEPH LUTILO without a formal application and supporting documents.

Ratio Decidendi

The court found that the applicant's request for release of Kshs. 100,000 was properly supported by documentary evidence, including a university admission letter and a consent letter from both administrators. The application was made in accordance with the Law of Succession Act and the Probate and Administration Rules. In contrast, the 2nd Administrator's request was not supported by a formal application or sufficient evidence, and the annexed deferment letter did not establish that the deferment was due to lack of fees. The court therefore granted the applicant's request and disallowed the 2nd Administrator's oral request, emphasizing the need for formal applications supported by...

Court Disposition

Application granted in favour of the applicant; 2nd Administrator's request disallowed.

Orders

  • The sum of Kshs. 100,000 be released from A/C NO.10501 – 36206501 at Standard Chartered Bank Kitale for purposes of paying fees at Mt. Kenya University for KEVIN KIVEU LUTILO.
  • The 2nd Administrator's request is disallowed for lack of a formal application supported by prayers and documents.