Citation_5_of_2015.pdf - Alphonce Katana Kalama v Steve Kithi Gombo 3 others[2016 eKLR REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CITATION

Citation_5_of_2015.pdf - Alphonce Katana Kalama v Steve...

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Alphonce Katana Kalama v Steve Kithi Gombo & 3 others [2016] eKLR REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CITATION NO. 5 OF 2015 IN THE MATTER OF THE ESTATE OF GEORGE STEVENS NGOMBO (DECEASED) ALPHONCE KATANA KALAMA ................................. …CITOR VERSUS 1. STEVE KITHI GOMBO 2. CATHERINE KULTHUM NGOMBO 3. KENNETH MBAJI NGOMBO 4. PENINAH NGOMBO ................................... RESPONDENTS RULING 1. The Citor through a citation to accept or refuse letters of administration intestate dated 20.5.15 sought to have the Citees Steve Kithi Gombo, Catherine Kulthum Ngombo, Kenneth Mbaji Ngombo, Peninah Ngombo accept or refuse letters of administration in respect of the estate of George Stevens Gombo (“the deceased”) who died in 2010 intestate leaving the Citees being his widow and children as persons entitled to share in his estate. 2. From the record, the Citor’s interest in the estate of the deceased is premised on legal fees of Kshs. 384,000/= paid to the deceased by one Marie Edith Clare (“the Creditor”) in the course of his legal practice to recover the sum of Swiss francs amounting to 76,000.00 from one Joe Mwenda. The deceased failed to act on the instructions prompting the Creditor to demand a refund of the legal fees paid. The deceased issued a cheque dated 15.4.97 for Kshs. 200,000/= and another dated 30.4.97 for Kshs. 184,000/= which cheques were both dishonoured. This led to the filing of a suit in Court and a Complaint in the Disciplinary Committee of the Law Society of Kenya against the deceased both of which were determined against the deceased. 3. The Citor claims that prior to his death, the deceased had introduced him to his son Steve Kithi Gombo, the 1 st Citee and had directed him to pay the Citor the sum of Kshs. 384,000/=. The Citor claims that the 1 st Citee paid the Disciplinary Committee a fine of Kshs. 50,000/= imposed upon the deceased and should therefore be able to pay the amount claimed herein. The Citor now wishes that the Court appoints an administrator of the estate of the deceased through which the sum owed would be paid. 4. The 1 st Citee acknowledges that as a son of the deceased he is qualified to apply for letters of - Page 1/4
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Alphonce Katana Kalama v Steve Kithi Gombo & 3 others [2016] eKLR administration in priority over the Citor. He however states that the deceased did not leave any property capable of paying off any of his debts and applying for a grant to the deceased’s estate would only create more debt for the state. It was submitted by the 1 st
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  • Fall '15
  • mwinzi

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