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N S S v Mukesh Kumar Hirji Punja Shah & 2 others [2016] KEHC 7600 (KLR)

[2016] KEHC 7600 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7600
Citation
[2016] KEHC 7600 (KLR)
Decided
22 April 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for interim maintenance and disclosure of estate assetsCoramL. A. ACHODE
Holding

The court orders the Executors to calculate and disburse an equivalent sum as a lump sum for the minor, and to continue disbursing yearly to the minor from the other minor's funds.

Facts

The deceased died on 11 January 2000, and a grant of letters of administration was issued to the Executors. The minor child, N S S, has been supported by her mother since 2002, but the Trustees have not provided for her maintenance as required by the Will.

Issues

  1. Interim maintenance for the minor
  2. Disclosure of estate assets and liabilities

Reasoning

The court considers the minor's needs and the estate's resources, ordering interim maintenance and a lump sum payment.

Outcome

Order for interim maintenance and lump sum payment

Orders

  • Executors to calculate and disburse an equivalent sum as a lump sum for the minor
  • Executors to continue disbursing yearly to the minor from the other minor's funds

Remedies

  • Interim maintenance for the minor
  • Disclosure of estate assets and liabilities

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Law of Succession Act
  • Probate and Administration Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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