[2012] KEHC 3781 (KLR)
The court found that the administrators had demonstrated sufficient cause to access the estate funds to settle the outstanding medical bills and related expenses for the deceased's daughter, whose body was being held by the hospital. The court was satisfied that the application was justified to meet the immediate...
Source-derived case information.
- Citation
- [2012] KEHC 3781 (KLR)
- Parties
- Applicant: Jane Wakarindi Njumari; Applicant: Jane Wanjiru Gicimu; Applicant: Joseph Gichimu Wambugu; Applicant: Gerald Gichimu Wanjugu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 14 June 2012
- Case Number
- Succession Cause 1254 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Access to Estate Funds
- Outcome
- application allowed
- Legal Topics
- Administration of Estates, Grant of Letters of Administration, Maintenance of Dependants, Payment of Debts
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jane Wakarindi Njumari
Applicant
Jane Wanjiru Gicimu
Applicant
Joseph Gichimu Wambugu
Applicant
Gerald Gichimu Wanjugu
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Access to Estate Funds
Legal Issues
- 1 Whether the administrators should be allowed to access estate funds to settle medical bills and related expenses for a deceased dependant.
- 2 Whether the court should authorize payment of outstanding hospital bills to facilitate the release of the body for burial.
- 3 Whether the administrators are entitled to access funds held in bank accounts, pension schemes, and shares for the benefit of the estate.
Ratio Decidendi
The court found that the administrators had demonstrated sufficient cause to access the estate funds to settle the outstanding medical bills and related expenses for the deceased's daughter, whose body was being held by the hospital. The court was satisfied that the application was justified to meet the immediate and foreseeable needs of the dependants and to facilitate the release of the body for burial. The court therefore granted the orders sought in prayers 1, 2, and 3 of the application, allowing the administrators to access the specified funds from the bank account, pension scheme, and shares for the stated purposes.
Court Disposition
application allowed
Orders
- Administrators are authorized to access and receive KES 740,000 from Account No. 4715637 at Barclays Bank, Haile Selassie Branch, Nairobi.
- Administrators are authorized to access funds due to the estate from K.T.D.A. Pension Scheme.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Succession Cause 1254 of 2010
IN THE MATTER OF THE ESTATE OF PETER NJUMARI GICHIMU (DECEASED)
RULING
PETER NJUMARI GICHIMU (the deceased) died on 27th May 2008. He was survived by his wife, Ann Wanjiru Gichimu and a daughter, Jane Wakarindi Njumari and a son Gerald Gichimu Njumari. He left an Estate comprising cash in bank and parcels of land whose title numbers are particularized in the petition filed in this court on 23rd June 2010 by Messrs Jane Wakarindi Njumari, Jane Wanjiru Gicimu, Joseph Gichimu Wambugu and Gerald Gichimu Wanjugu (the petitioners) seeking a Grant of Letters of Administration intestate which was on 21st January 2011, made to them.
The beneficiaries of the said deceased’s estate appear from the record to be Jane Wakarindi, the deceased’s daughter, and Gerald Gichimu, the deceased’s son. Both are young persons and the latter is a minor.
Following their application dated 16. 6.2011, the Petitioners sought and obtained on 17. 6.2011 an order to access Shs.304,957/= from account No.4715637 at Barclays Bank, Haile Selassie Branch, Nairobi, ostensibly to meet the “immediate and foreseeable exigencies pertaining to education and maintenance” of the dependants of the estate.
On 28. 3.2012, the applicants applied for an order to be allowed to access and receive from the deceased’s Account No.4715637 at Barclays Bank, Haile Selassie Branch, Nairobi, a sum Shs.740,000/= and funds due to the Estate from K.T.D.A. Pension Scheme as well as funds due to the Estate on account of shares held at Chai Sacco Society Ltd so as to settle the medical bills at Meridian Equator Hospital relating to hospitalization of Jane Wakarindi Njumari, a daughter of the deceased who died while undergoing treatment. The bill is said to have swollen to Shs.1,657,428/80. The application shows that the body of Jane Wakarindi Njumari is held at the said hospital and may not be released before payment is made.
Mr. N. Njoroge, the learned advocate for the administrators of the deceased urged the court to give the orders urgently. It is regrettable that the court file was temporarily misplaced thereby stifling the writing of this ruling earlier.
I am satisfied after perusing the application and hearing advocate Njoroge that the application ought to be granted. I allow it. I make orders in terms of prayers 1, 2 and 3 of the application. It is so ordered.
Dated at Milimani Law Courts, Nairobi, this 14th day of June 2012.
G.B.M. KARIUKI, SC
JUDGE
COUNSEL APPEARING
Mr. C. N. Njoroge, Advocate, of Lesinko & Njoroge, Advocates for the Applicants
Mr. Kugwa – Court Clerk