Kenya Commercial Bank v Isaac Ingati Abong’ & Another [2020] KECA 792 (KLR)
- Court
- Court of Appeal
- Case number
- 792
- Citation
- [2020] KECA 792 (KLR)
- Decided
- 3 April 2020
The deceased's bank account balance formed part of her estate and the beneficiaries are entitled to it. The money should be credited into the deceased's account and administered in accordance with the Law of Succession Act (LSA).
Facts
The deceased, Alice Oriedo Akeng'o, had a bank account with Kenya Commercial Bank, Kakamega Branch. She was an employee and received a pension from the bank. After her death, the beneficiaries sought to recover the pension from the deceased's account.
Issues
- Whether the deceased's bank account balance formed part of her estate.
- Whether the bank had a legal right to debit the account after the deceased's death.
Reasoning
The court held that the deceased's bank account balance was part of her estate due to the lack of a clear provision in the RBA and Trust Deed and Rules regarding the automatic lapse of a pensioner's contract upon death. The court also cited ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO v STANDARD CHARTERED BANK KENYA LTD & ANOTHER [2000] eKLR for the principle that deceased advocates' client accounts fall under the free property of a deceased person.
Outcome
Appeal dismissed with costs.
Orders
- The money in the deceased's account should be credited into the account and administered in accordance with the LSA.
Authorities cited
Legislation (2)
- Law of Succession Act (LSA)
- Kenya Commercial Bank Staff Pension Fund (RBA)
Cases cited (1)
- ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO v STANDARD CHARTERED BANK KENYA LTD & ANOTHER [2000] eKLR
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