The administrators of the estate of Maurice Ombogo (Deceased) v Standadr CHartered Bank Kenya Ltd & another [2000] KECA 204 (KLR)
- Court
- Court of Appeal
- Case number
- 204
- Citation
- [2000] KECA 204 (KLR)
- Decided
- 31 July 2000
We allow the appellant's appeal and set aside the ruling and order of the superior court, substituting 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. He was a member of the Law Society of Kenya (LSK) and maintained two bank accounts with Standard Chartered Bank. The LSK advised the bank to stop all transactions in the accounts until advised otherwise, and the deceased's administrators requested the bank to allow them to operate the accounts.
Issues
- Who is legally entitled to administer the deceased's two bank accounts: the LSK or the deceased's administrators?
Reasoning
The deceased was a member of the LSK at the time of his death, and the LSK's Legal Notice No. 279 of 1995 provides that a deceased member's firm should be managed by the deceased's administrator or the Society's Council. However, the Law of Succession Act does not provide for such a parallel law and procedure. The LSK does not have the power to direct the deceased's bankers to freeze the accounts, and the administrators of the deceased's estate have the priority under 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 be managed and operated as 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 shall direct.
Remedies
- The appellant shall have the costs of the appeal to be paid by the LSK which 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 (General) (Amendment) Regulations, 1995
- Law of Succession Act
Cases cited (3)
- L.N. No. 279 of 1995
- Section 46 of the Law Society Act
- Section 66 of the Law of Succession Act
Loading judgment…