ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO v STANDARD CHARTERED BANK KENYA LTD & ANOTHER [2000] KECA 12 (KLR)
- Court
- Court of Appeal
- Case number
- 12
- Citation
- [2000] KECA 12 (KLR)
- Decided
- 31 July 2000
We allow the appellant's appeal, set aside the ruling and order of the superior court, and substitute therefor an order that the deceased's two accounts be managed and operated as directed in the final grant of letters of administration.
Facts
The deceased, Maxwell Maurice Ombogo, was an advocate of the High Court of Kenya who died intestate on 5th July 1995. He was a member of the Law Society of Kenya (LSK) and maintained two bank accounts with Standard Chartered Bank Kenya Ltd.
Issues
- Who between LSK and the administrators of the deceased's estate is legally entitled to administer the two bank accounts in issue.
- Whether the Law Society of Kenya's (LSK) Legal Notice No. 279 of 1995 is a retrospective legislation and a procedural enactment.
Reasoning
The deceased's bank accounts were part of his free property and subject to the provisions of the Law of Succession Act. LSK, not being among the people who have the power to take all necessary steps to protect the deceased's estate, had no right to direct the deceased's bankers to freeze the accounts. The court also found that LSK's Legal Notice No. 279 of 1995 is in conflict with the Law of Succession Act.
Outcome
The appeal is allowed, and the order of the superior court is set aside.
Orders
- The deceased's two accounts at Standard Chartered Bank, Kenyatta Avenue branch, be managed and operated as shall be directed in the final grant of letters of administration or as the court seised of the application for grant of letters of administration of the estate of the late Maxwell Maurice Ombogo.
- The Appellant shall have the costs of the appeal to be paid by the LSK.
- LSK shall also pay the costs of the interpleader both here and in the court below.
Authorities cited
Legislation (3)
- Advocates Act, Cap 16 Laws of Kenya
- Law Society of Kenya Act, Cap 18 Laws of Kenya
- Law of Succession Act
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