Order 11 — Entitlement of Deceased Employee (intestate)
Rule 1 Proof of status as kinship.
Where a case involves the outstanding salary, gratuity, pensions, benefit or any other entitlement of a deceased employee who died intestate but had named the next of kin or beneficiary in the deceased employment bio-data form, if such next of kin or beneficiary is the Claimant(s):
(a) shall provide proof of the next of kinship or relationship, either by:
(i) a Certified True Copy (CTC) of the employment bio-data form in which the Claimant was named as next-of-kin or beneficiary on the form obtained from the employer of the deceased employee; or
(ii) a copy of the employment bio-data form of the deceased which may be in custody of the Claimant(s); in which the Claimant(s) has deposed to an affidavit;
(b) attach Letter(s) of Administration obtained from appropriate Probate Registry of a High Court, or
(c) an order from a Customary Court of Appeal or Sharia Court of Appeal.
Rule 2 Application for order to produce Employment bio-data form.
The Claimant may apply to the Court for an Order compelling the employer of the deceased to produce before the Court a copy of the employment bio-data form of the deceased in which the Claimant was named as next-of-kin or beneficiary.
Rule 3 Claimant may use document in Claimant's possession.
Where the employer fails, refuses or neglects to comply with the Order of the Court, the Claimant shall be at liberty to make use of any copy of the same employment bio-data form in the Claimant’s possession to prove the claim.
Rule 4 Where there is no next of kin.
Where a case involves the outstanding salary, gratuity, pensions, benefits or any other entitlement of a deceased employee who died intestate and did not name a next of kin or beneficiary, the Claimant shall in addition to any other document,
Rule 5 Proof of custom and practice.
Where the Claimant is unable to satisfy the provisions of rules 1, 2, 3 and 4 of this Order, the Claimant may attach;
(a) any proof related to or connected with inheritance emanating from the custom or tradition of the deceased employee, or
(b) any proof related to or connected with inheritance emanating from the traditional ruler or custodians of custom and tradition of the deceased employee’s place of origin;
Provided that the Court may also accept the evidence of traditional rulers or Chiefs or other persons having special knowledge of the Customary law and custom of the place of origin of the deceased employee; or
(c) any book or manuscript recognized as legal authority by people indigenous to the community in which such law or custom applies and is admissible.
Provided that such proof or evidence is not repugnant to natural justice, equity and good conscience.
Rule 6 When an intestate action may not be entertained.
Any action filed before the Court concerning the entitlement of a deceased employee who died intestate which does not comply with the provisions of rules 1, 2, 3, and 4 of this Order may be incompetent and may not be entertained by the Court.
Rule 7 Admissibility of process or order from Customary or Sharia Court of Appeal or other proof of custom.
A process or any order of a Customary Court of Appeal or Sharia Court of Appeal, or any proof related to or connected with inheritance emanating from the customs or traditions of the people or from the traditional Ruler or Custodian of the customs or traditions of the place of origin of the deceased employee, presented before the Court, shall be presumed to be true and authentic, unless the contrary is proved.
Rule 8 Where there is more than one Letter of Administration or conflicting proof of custom.
Where there are conflicting Letters of Administration or any proof or Order of the Customary Court of Appeal or Sharia Court of Appeal or any proof related to or connected with inheritance emanating from the customs or traditions of the people or from the traditional Ruler or Custodian of customs or traditions of the place of origin of the deceased employee, the authenticity or otherwise of the conflicting letters of administration or any other process or the custom of the deceased employee, shall be resolved by the Probate Registry, Customary Court of Appeal or Sharia Court of Appeal or the traditional Ruler
Rule 9 Court may invite custodian of custom.
Where there is conflicting evidence or other proof of the custom or tradition of the deceased employee, the Court may suo motu, invite the traditional Ruler or any other Custodian of custom as it relates to inheritance to give evidence or expert opinion on the matter.
Rule 10 Matter to be placed on fast track.
Any process related to or connected with outstanding salary, benefits, allowances, gratuity, pension or any other entitlement of a deceased person filed in any of the Registries of the Court, shall be placed on fast-track.