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THE ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO (DECEASED) v. STANDARD CHARTERED BANK KENYA LTD & ANOTHER

(2000) JELR 95203 (CA)

Court of Appeal  •  Civil Appeal 62 of 1999  •  31 Jul 2000  •  Kenya

Coram
Akilano Molade Akiwumi, Samuel Elikana Ondari Bosire, Effie Owuor

Judgement

JUDGMENT OF THE COURT

This is an appeal from the order of the superior court (Hayanga J.) given on 26th February, 1998, in which, pursuant to interpleader proceedings under Order 33 rule 1 of the Civil Procedure Rules by Standard Chartered Bank Kenya Ltd (the Bank), he ordered that two nominees of the Law Society of Kenya (the LSK) be the signatories of two bank accounts in the name of one Maxwell Maurice Ombogo (deceased) instead of the administrators of the deceased's intestate estate.

The deceased, who at the time of his death, on 5th July 1995, was an advocate of the High Court of Kenya, was a member of LSK, and on account of such membership and pursuant to the Advocates (Accounts) Rules, made under the Advocates Act, Cap 16 Laws of Kenya, he maintained two bank accounts with the Bank respectivelydesignated "clients" and "office" accounts. Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice N…

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