Patricia Hanaman Billing v Karuna Billing

d. That this Honourable Court be pleased to order that Mr. Rajinder Billing settles the storage costs accrued on deceased`s personal goods at Leakey’s storage, from the amounts that he holds on behalf of the deceased`s estate. e. That the costs of this application be in cause. 2. The application is supported by the affidavit of Patricia Hanaman Billing, who deposes that she was appointed as co-administrator of the deceased estate along with Mrs. Karuna Billing vide a grant of letters of administration intestate issued on 4th July 2019. That her efforts to work with her coadministrator and to collect the estate of the deceased have greatly been unsuccessful and it is in the interest of justice that these orders be granted. 3. In response to the application, Karuna Billing filed a Replying Affidavit dated 16th January 2020, opposing the orders sought. She deposes that the issues raised in the present application were previously considered and determined by this Court in the Applicant's Summons for Preservation of the Deceased's Estate and for Discovery and Production of All Records and Accounts dated 9th March 2017. She therefore contends that the application is devoid of merit and prays that it be dismissed with costs. Issues for determination 4. Having considered the application, the supporting affidavit thereof the Replying Affidavit, and the submissions therein the sole issue for determination is whether the Applicant has established sufficient grounds for the grant of the orders sought in the application. Analysis and determination 5. I have carefully considered the application, the affidavits on record, the cross examination of the Respondent and the submissions by the parties. The Applicant seeks orders intended to facilitate the collection and administration of the deceased's estate, contending that her efforts to administer the estate jointly with her co-administrator have been unsuccessful. The Respondent, however, maintains that the matters raised have already been determined by this Court. 6. With respect to the prayer seeking an order directing Rajinder Billing, in his capacity as the manager/ administrator of Guram & Company Advocates, to render an account of the amount due to the estate, this Court finds the prayer to be merited. As the person entrusted with the management of the deceased's sole proprietorship following the deceased's demise, Rajinder Billing occupied a fiduciary position and was under a legal duty to maintain proper records and account for all monies received, expended and held on behalf of the law firm and, ultimately, the estate. 7. The rendering of a full and accurate account is necessary to facilitate the proper administration of the estate and to enable the administrators to ascertain the assets, liabilities and any monies due to the estate. Such an order does not occasion any prejudice to the Respondent rather, it promotes transparency, accountability and the orderly administration of the estate. Accordingly, this prayer is merited and is hereby allowed. 8. As regards motor vehicles registration numbers KBN 333G and KAH 331D, the records before the Court indicate that motor vehicle KBN 333G is registered in the name of Amit Anwarbhai Mamdani, while motor vehicle KAH 331D is registered in the name of Justus Kimutai. 9. Although the Applicant contends that the deceased was the beneficial owner of the said motor vehicles, notwithstanding the NTSA records, the burden of proving such beneficial ownership rests upon https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12098/eng@2026-07-30 2

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the Applicant. No cogent evidence, such as sale agreements, payment records, transfer documents or any other documentary evidence, has been placed before the Court to demonstrate that the deceased acquired proprietary or beneficial interests in the said vehicles. 10. In any event, this being a succession court, its mandate is confined to identifying, preserving and distributing the free property of the deceased. Where ownership of property is seriously disputed as between the estate and third parties, the Court lacks jurisdiction to conclusively determine such contested proprietary rights within succession proceedings. 11. In re Estate of Stone Kathuli Muinde (Deceased) [2016] eKLR Musyoka J. The court stated: “ It is not the function of the Probate Court to determine ownership of the assets alleged to be estate property. That jurisdiction lies elsewhere. Such claims to ownership of alleged estate property, as between the estate and a third party, should be resolved through the civil process in a civil suit before a court of competent jurisdiction." 12. Consequently, the prayer seeking a declaration that the said motor vehicles form part of the deceased's estate cannot succeed. 13. With regard to the prayer seeking an order directing Trans-National Bank Limited to provide the balances in the office and client accounts Nos. 11xxxxx2 and 11xxxxx04 held in the name of Guram & Company Advocates, the Respondent contends that the order would amount to a duplication since he had already annexed to his Replying Affidavit dated 29th March 2017 documents marked "RB6", described as the firm's income and expenditure accounts. 14. Upon perusing the said accounts, this Court notes that certain sums were recorded as medical expenses. During his testimony, Rajinder Billing explained that the said payments related to his mother's medical expenses, stating that the deceased had maintained and cared for her during his lifetime. 15. While that may well have been the deceased's practice during his lifetime, such payments could not lawfully continue after his death without the authority of the succession court. If the deceased's mother considered herself a dependant entitled to maintenance from the estate, the proper course would have been to institute the appropriate proceedings under the Law of Succession Act seeking reasonable provision as a dependant. In the absence of such authority, Rajinder Billing had no legal basis to utilize funds belonging to the law firm or the estate to meet her medical expenses. 16. In the circumstances, this Court is satisfied that there is no prejudice in requiring a comprehensive account of the office and client accounts, setting out all monies received, all payments made, the supporting documentation for each transaction, and the balances held. Such an account will enable the administrators and the Court to ascertain the true financial position of Guram & Company Advocates, determine any monies due to the estate, and establish the extent of any unauthorized payments, including the medical expenses paid on behalf of the deceased's mother, and whether any sums ought to be refunded to the estate. 17. As regards the prayer seeking an order directing Mr. Rajinder Billing to settle the storage charges accrued in respect of the deceased's personal goods at Leakey's Storage from the monies held by him on behalf of the deceased's estate, this Court finds the prayer to be merited. The deceased's personal effects constitute part of the estate and ought to be preserved pending their administration and distribution. Where storage charges have accrued as a consequence of the continued custody of those assets, it is in the interest of the estate that such charges be settled promptly to avoid further unnecessary accrual and to preserve the value of the estate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12098/eng@2026-07-30 3

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18. Since Rajinder Billing was entrusted with the management of the deceased's law firm and has been found liable to render an account of the monies held on behalf of the estate, it is appropriate that the storage charges be met from the estate funds in his possession, subject to proper accounting. Accordingly, this prayer is hereby allowed. 19. Accordingly, the Summons dated 1st October 2019 succeeds in part. Prayers (a), (c) and(d) are hereby allowed, while prayer b is declined. 20. Consequently, this Court makes the following orders: a) Rajinder Billing shall, within thirty (30) days from the date hereof, render a true, full and accurate account of all monies received and expended in the management of Guram & Company Advocates from the date of the deceased's death until the cessation of his management. The account shall be accompanied by all supporting documents, including bank statements, vouchers, invoices, receipts and any other relevant financial records, to enable the administrators and the Court ascertain the amount, if any, due to the estate. b) Trans-National Bank Limited (Now Access Bank Kenya) shall, within thirty (30) days from the date of service of this order, provide to the administrators of the estate and file in this Court certified statements of account and the balances held in the office account No. 11xxxxx2 and the client account No. 11xxxxx04, both maintained in the name of Guram & Company Advocates, together with details of any other accounts held in the name of the said firm as at the date of the deceased's death. c) Upon the rendition and verification of the accounts referred to in (a) and (b) above, Rajinder Billing shall settle the storage charges accrued in respect of the deceased's personal goods at Leakey's Storage from any monies found to be held by him on behalf of the deceased's estate. d) The costs of this application shall be in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF JULY, 2026. H.K. CHEMITEI JUDGE, FCIArb. SUCCESSION CAUSE NO. 1792 OF 2016 RULING Page 3 of 3 po/ hkc https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12098/eng@2026-07-30 4

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