[2012] KEHC 837 (KLR)
The court found that the application was meritorious as it aligned with the terms of the Certificate of Confirmation of Grant, which required the sum of Kshs. 539,000 to be deposited in an interest earning account for the benefit of the minor beneficiaries, Edwin Kiptoo Cheruiyot and Faith Chepkemoi. The court...
Source-derived case information.
- Citation
- [2012] KEHC 837 (KLR)
- Parties
- Petitioner: Zakayo Kipngetich Boit; Objector: Samwel Cheruiyot Korir; Applicant: Naomi Rotich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 192 of 2004
- Procedural Posture
- Succession Cause / Ruling on Ex Parte Application for Withdrawal and Investment of Estate Funds
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Administration of Estates, Distribution of Estate Funds, Interests of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakayo Kipngetich Boit
Petitioner
Samwel Cheruiyot Korir
Objector
Naomi Rotich
Applicant
Procedural Posture
Succession Cause / Ruling on Ex Parte Application for Withdrawal and Investment of Estate Funds
Legal Issues
- 1 Whether the applicant should be allowed to withdraw Kshs. 539,000 deposited in court for investment in an interest earning account for the benefit of the minor beneficiaries.
- 2 Whether the applicant should be granted liberty to withdraw funds for the education of the beneficiaries with court approval.
Ratio Decidendi
The court found that the application was meritorious as it aligned with the terms of the Certificate of Confirmation of Grant, which required the sum of Kshs. 539,000 to be deposited in an interest earning account for the benefit of the minor beneficiaries, Edwin Kiptoo Cheruiyot and Faith Chepkemoi. The court emphasized the need for accountability and protection of the interests of the minors by requiring proof of withdrawal and deposit, and by restricting further withdrawals to those approved by the court. This approach ensures that the estate funds are used solely for the intended purpose of the beneficiaries' education and welfare, in accordance with the law governing administration...
Court Disposition
application allowed
Orders
- A sum of Kshs. 539,000 deposited in court shall be withdrawn by Naomi Rotich for purposes of being deposited in an interest earning account for the benefit of Edwin Kiptoo Cheruiyot and Faith Chepkemoi.
- Proof of such withdrawal and deposit shall be furnished to the Deputy Registrar.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
High Court at Kericho
Succession Cause 192 of 2004 [if gte mso 9]><xml>
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IN THE MATTER OF THE ESTATE OF THE LATE ANN CHEPKIRUI BOIT
(DECEASED)
ZAKAYO KIPNGETICH BOIT..................................................................PETITIONER
VERSUS
SAMWEL CHERUIYOT KORIR................................................................OBJECTOR
AND
NAOMI ROTICH......................................................................................APPLICANT
RULING
The application dated 9th July 2012, is an ex parte one brought pursuant to Rule 49 of the Probate and Administration Rules for an order that Kshs. 539,000 deposited in court be withdrawn by the Applicant Naomi Rotich the Co-Administratix herein to be invested in an interest earning account for the benefit of Edwin Kiptoo Cheruiyot and Faith Chepkemoi, whereby the applicant would be at liberty to withdraw such monies if there was need for the same to be expended for the education of the said Edwin Kiptoo Cheruiyot and Faith Chepkemoi as may be approved by the court.
The application is supported by grounds in its body and an affidavit sworn by the applicant.
I have perused the Certificate of Confirmation of the grant herein and specifically the schedule thereto. Kshs. 539,000 was deposited in court. That sum of money was to be deposited in an interest earning account for the benefit of Edwin Kiptoo Cheruiyot and Fatih Chepkemoi for Education purposes. Authority was given to Naomi Rotich to withdraw the sum and establish that such a deposit had indeed been made.
In the circumstances I find the application being meritorious, I therefore order that a sum of Kshs. 539,000 deposited in court shall be withdrawn by Naomi Rotich for purposes of being deposited in an interest earning account for the benefit of Edwin Kiptoo Cheruiyot and Faith Chepkemoi.
Proof of such a withdrawal and deposit thereof in the account shall be furnished to the Deputy Registrar.
Any withdrawal of monies from the account shall be by leave of this court.
It is so ordered.
DATEDat KERICHO this 30TH day of November 2012.
............................
LILIAN N. MUTENDE
JUDGE
COUNSEL APPEARING
Mr. Ochieng, for the Petitioners
Mr. R. Koech- court clerk