R N M v R M N [2017] KEHC 1804 (KLR)
- Court
- High Court of Kenya
- Case number
- 1804
- Citation
- [2017] KEHC 1804 (KLR)
- Decided
- 2 November 2017
The Court makes an order for the payment of a lump sum of Kshs 350,000/= to the Applicant by the Administrators of the Deceased's Estate from the joint account operated by the two Administrators, as provision for the Applicant's basic needs pending confirmation of the grant issued to the Administrators.
Facts
The Applicant and Respondent are both administrators of the estate of S M N (the Deceased). The Applicant is the wife of the deceased, while the Respondent is one of the Deceased's children from his first marriage. The Applicant filed a summons seeking orders for provision for urgent school fees and other needs from the estate of the deceased, and monthly maintenance provision in the sum of KShs. 50,000/= to the Applicant pending confirmation of the grant.
Issues
- whether provision should be made for the Applicant and her children from the Deceased's estate pending confirmation of grant
- the terms of such provision
Reasoning
The Court considers the Applicant's need for provision and her good faith in managing the estate, but also notes the need to ensure a fair and equitable distribution to all dependants and beneficiaries.
Outcome
The Applicant is granted a lump sum of Kshs 350,000/= pending confirmation of the grant.
Orders
- Payment of a lump sum of Kshs 350,000/= to the Applicant by the Administrators of the Deceased's Estate from the joint account operated by the two Administrators
Remedies
- Provision for the Applicant's basic needs pending confirmation of the grant
Authorities cited
Legislation (1)
- Law of Succession Act
Loading judgment…