[2012] KEHC 3190 (KLR)

[2012] KEHC 3190 (KLR)

The court held that it could not authorize the release of funds from the deceased's estate to the applicants because they had not obtained a grant of representation, nor had they applied for a special limited grant as required by law. Section 45(1) of the Law of Succession Act prohibits any person from handling estate property without a grant. The omission of the relevant account from the petition and the lack of an appropriate application meant the court lacked the legal basis to grant the orders sought. The proper procedure would have been to apply for a special limited grant to enable access to the funds pending full administration of the estate. As such, the application was dismissed.

Citation
[2012] KEHC 3190 (KLR)
Parties
Applicant: Nicholas Muchina Muiruri; Applicant: Kevin Mbaka Muiruri
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
9 February 2012
Case Number
Succession Cause 2624 of 2011
Procedural Posture
Succession Cause / Ruling on Interlocutory Application for Release of Funds Prior to Grant
Outcome
application dismissed
Legal Topics
Succession, Grant of Letters of Administration, Interlocutory Applications, Release of Estate Funds
Source Language
English
Family and Children Succession Grant of Letters of Administration Interlocutory Applications Release of Estate Funds

Case Brief

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Parties

Nicholas Muchina Muiruri

Applicant

Kevin Mbaka Muiruri

Applicant

Procedural Posture

Succession Cause / Ruling on Interlocutory Application for Release of Funds Prior to Grant

Legal Issues

  1. 1 Whether the applicants can be granted access to funds held in the deceased's account prior to the issuance of a grant of representation.
  2. 2 Whether the court can authorize release of estate funds without a special limited grant.

Ratio Decidendi

The court held that it could not authorize the release of funds from the deceased's estate to the applicants because they had not obtained a grant of representation, nor had they applied for a special limited grant as required by law. Section 45(1) of the Law of Succession Act prohibits any person from handling estate property without a grant. The omission of the relevant account from the petition and the lack of an appropriate application meant the court lacked the legal basis to grant the orders sought. The proper procedure would have been to apply for a special limited grant to enable access to the funds pending full administration of the estate. As such, the application was dismissed.

Court Disposition

application dismissed

Orders

  • The summons dated 6th February 2012 is dismissed.
  • There shall be no order as to costs.