[2015] KEHC 45 (KLR)
The court found that it was in the interests of the estate of the deceased that substitution be made in High Court Civil Appeal No. 184 of 2010 to prevent the suit from abating. The petition for a grant of letters of administration ad litem was therefore merited and allowed, but limited strictly to the purposes of...
Source-derived case information.
- Citation
- [2015] KEHC 45 (KLR)
- Parties
- Applicant: Joseph Karanja Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 694 of 2015
- Procedural Posture
- Succession Cause / Ruling on Petition for Grant of Letters of Administration Ad Litem
- Outcome
- petition allowed
- Judges
- NS Ndungu
- Legal Topics
- Letters of Administration, Estate Management, Substitution of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Karanja Mwangi
Applicant
Procedural Posture
Succession Cause / Ruling on Petition for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant should be granted letters of administration ad litem for the estate of Amos Mwangi Githigia.
- 2 Whether substitution in High Court Civil Appeal No. 184 of 2010 is necessary to prevent abatement of the suit.
Ratio Decidendi
The court found that it was in the interests of the estate of the deceased that substitution be made in High Court Civil Appeal No. 184 of 2010 to prevent the suit from abating. The petition for a grant of letters of administration ad litem was therefore merited and allowed, but limited strictly to the purposes of representing the estate in the specified appeal.
Court Disposition
petition allowed
Orders
- A grant of letters of administration ad litem is issued to the applicant, limited to the purposes of High Court Civil Appeal No. 184 of 2010 only.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NO 694 OF 2015
IN THE MATTER OF THE ESTATE OF AMOS MWANGI GITHIGIA....DECEASED
JOSEPH KARANJA MWANGI..........................................................PETITIONER
RULING
Joseph Karanja Mwangi (hereinafter the petitioner) petitioned this court for a grant of letters of administration ad Litem in the estate of Amos Mwangi Githigia who died on the 10th January 2015.
In the supporting affidavit the petitioner has indicated that the deceased was a party in High Court Civil Appeal No. 184 of 2010. He adds that unless a legal representative is appointed, the said suit risks abatement with the lapse of 1 year.
I have considered the petition and the supporting affidavit. It is in the interests of the estate of the deceased herein that substitution be made in High court civil Appeal No. 184 of 2010 and thus the petition herein is merited.
Consequently allow a grant of letters of administration ad litem to the applicant. The said grant is limited for the purposes of High Civil Appeal No. 184 of 2010 only.
Dated, Signed and Delivered at Nakuru this 20th day of November, 2015.
A. K. NDUNGU
JUDGE