In The Matter Of The Estate Of Sabina Ngeza Ndori Cimpa

SUCCESSION CAUSE NO. 2980 OF 2013

IN THE ESTATE OF SABINE NGEZA NOORICIMPA alias SABINA

RULING

1. Before this court for determination is the Amended Summons dated 5^th

December, 2019 by which the Applicant CHRISTIANE NYOBUNTU seeks the following orders:-

“1. Spent.

1.    THAT the Branch Manager of Barclays Bank of Kenya

Limited, Hurlingham Branch be and is hereby ordered to   

    furnish to the Applicant’s Advocates Bank Statements to

    Account Numbers 0453965627, 658640, 1232789 and

    3748499 in the name of Sabine Ngeza, from the 21^st day

    of April, 2011 when she died until the 19^th day of

    February, 2019;

1. THAT the Branch Manager of Commercial Bank of Africa 

Limited,

Mara & Ragati Road, Upper Hill Branch, be and is hereby ordered to furnish to the Applicant’s Advocates Bank Statements to Account Numbers 5421721019, 6617710027, 6617710014, 6617710035, 9410349779, Unit Trust Account Number 9321, Money Market Fund Account Number 11520 and Equity Fund Account Number 33055 in the name of Sabine Ngeza, from the 21^st day of April 2011 when she died until the 19^th day of February 2019.

1. THAT the Branch Manager of Commercial Bank of Africa Limited,    Village Market Branch be and is hereby ordered to furnish to the Applicant’s Advocates statements to Account Number 410349570 in the name of Sabine Ngeza, from the 21^st day of April 2011 when she died until the 19^th day of February, 2019.
2. THAT the costs of this applications shall be in the cause.
3. The application was supported by the Affidavit of even date sworn by the Applicant.
4. The Summons was opposed by the Replying Affidavit dated 27^th May,

2022, sworn by STEPHEN ATENYA, the Principal Legal Counsel at NCBA Bank Kenya PLC.

1. The matter was canvassed by way of written submissions.  The Applicant did not file any written submissions whilst the Respondent relied upon his written submissions dated 26^th September, 2023.

BACKGROUND

1. This succession cause relates to the estate of the late SABINA NGEZA

NDORICIMPA alias SABINA NGEZA NDORICIMPA (hereinafter ‘the Deceased’), who died intestate on 24^th April, 2011.

6. The deceased was survived by the following;

      (i)  Christiane Niyobuntu   -  daughter.

              (ii)   Christophe Ntimpirangeza  -  son

1. The assets of the estate were listed as follows;
2. Three current accounts-Entrepreneur with Commercial Bank of Africa Limited Mara and Ragati Road, Upper hill, Account Name; SABINE NGEZA NDORICIMPA customer Number 661771.

Account Number Amount

                 (a) 6617710027 - 0410349019 Kshs.      8,000,000

(b)  6617710014-0410349507       $ 4,00 (Kshs. 349,800)

                (c) 667710035-0410349779   3000 Euros (Kshs. 352,230)

1. Account at Barclays Bank, hurlingam Branch, Account Name:  SABINE NGEZA, Account Number:  0453965627.
2. Account at Commercial Bank Africa Limited Mara and Ragati Road, Upper hill, Account Name:  SABINE NEGEZA NDORCIMPA customer Number 658640 – Account Kshs. 2,000,000/=
3. Following the demise of the Deceased her son CHRISTOPHE NJIMPI

    RANGEZA petitioned for Grant of letters of Administration Intestate

    which Grant was issued to him on 2^nd April, 2014. The Grant was duly

    confirmed on 14^th July, 2014.

1. The Applicant who is the daughter of the Deceased complains that the

appointed Administrator has been slow and reluctant in carrying out his duties.  That as a result the beneficiaries have been unable to access the assets of the estate.

10. The Applicant further accuses the Administrator of failing to locate and

      indicate several of the assets belonging to the estate which include the

      named Bank Accounts.

11.  That she therefore initiated communication with the Banks in question

     and sought to confirm the existence and details of any accounts held by

     the Deceased.  The applicant now seeks orders to compel the Banks in

     question to release the requested information to her.

12.  In his Replying Affidavit dated 14^th May, 2020 the Administrator denies

      that he has neglected to perform his duties in respect of the estate.  He

      asserts that he has been diligently managing the assets of the Deceased.

13.  The Administrator states that the information on the Bank Accounts was

       inadvertently overlooked and were not included in the list of Assets of

       the Deceased.  He avers that he has no objection to the Grant being

       rectified in order to include the said assets.

14.  The NCBA in their Replying Affidavit deny that the cited Accounts are

       held in the Deceased’s name.  That others of the cited accounts have

       been closed and no longer exist.  They urge the court to dismiss the

       Application.

ANALYSIS AND DETERMINATION

15.  I have carefully considered this application, the replies filed thereto as

      well as the written submissions filed by the Respondents.

16.  It is common ground that the confirmed Grant of letters of        

      Administration in respect of this estate are held not by the applicant but

      by her brother.  The applicant claims that the appointed Administrator

      has been lax in his duties.  Her remedy in that regard would be to seek

      to have the court compel the Administrator to carry out his duties or to

      file an application to have the Grant revoked.

17.  Instead the Applicant took it upon herself to approach certain Banks

      demanding to be provided with information relating to accounts she

      believes were held by the Deceased.  The Banks were right to decline to

      release such information to the Applicant as she is not the Administrator

       of the estate.

18.  In Law the only person with authority to act for and/or on behalf of the

      estate of a Deceased person is the Administrator/Executor.

19.  In the case of ISAYA MASIRA MOMANYI -VS- DANIEL OMWOYO

& Another [2017] eKLR the court held that:

“It is trite law that the estate of a deceased person can only be represented in any legal proceedings by a person who is duly authorized to do so on behalf of the estate.  Only a person who has been issued a grant of letters of Administration has capacity to represent the estate of a deceased person”  [Own emphasis]

20.  Therefore no matter how aggrieved the applicant was she had no legal

       capacity to purport to act on behalf of the estate of the Deceased.

21.  The Administrator has indicated that he is ready and willing to rectify

       the Grant so as to include any assets which may have been

       inadvertently omitted.  In my view this application was totally

       unnecessary.  There is no evidence to support the allegation that the

       Administrator has been lax or that he has neglected his duties.

22.  Finally I find no merit in the Amended Summons dated 5^th December,

2019.  The same is dismissed in its entirety.  Costs will be met by the

      Applicant.

Dated in Nyeri this 28^th day of June, 2024.