[2018] KEHC 9788 (KLR)
The court found that the application for a limited grant of letters of administration pendente lite had been overtaken by events because the underlying citation cause had been withdrawn and the file marked as closed. Furthermore, the absence of a death certificate for the deceased precluded the applicants from...
Source-derived case information.
- Citation
- [2018] KEHC 9788 (KLR)
- Parties
- Applicant: Ejidiah Wanjiku Chege; Respondent: Annah Muthoni Chege (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1346 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Limited Grant of Letters of Administration Pendente Lite
- Outcome
- application dismissed
- Legal Topics
- Succession, Limited Grant, Letters of Administration, Withdrawal of Citation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ejidiah Wanjiku Chege
Applicant
Annah Muthoni Chege (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Limited Grant of Letters of Administration Pendente Lite
Legal Issues
- 1 Whether the application for a limited grant of letters of administration pendente lite should be allowed after withdrawal of the citation cause.
- 2 Whether the absence of a death certificate precludes the grant of letters of administration.
Ratio Decidendi
The court found that the application for a limited grant of letters of administration pendente lite had been overtaken by events because the underlying citation cause had been withdrawn and the file marked as closed. Furthermore, the absence of a death certificate for the deceased precluded the applicants from proceeding with an application for a full grant of letters of administration. As such, there was no longer any legal basis or necessity for granting the limited grant sought in the application dated 2nd October 2018.
Court Disposition
application dismissed
Orders
- The application dated 2nd October 2018 is disallowed.
- No orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE 1346 OF 2018
IN THE MATTER OF THE ESTATE OF ANNAH MUTHONI CHEGE
RULING
1. I have perused the two files placed before me namely CITATION CAUSE No. 461 of 2018 where the Citor Ejidiah Wanjiku Chege was seeking to cite the Citee ANNAH MUTHONI CHEGE.
2. I have also perused Succession 1346 of 2018 seeking a limited grant of Letters of Administration Pendente lite for purposes of enabling the petitioners to progress in Citation Cause No. 461 of 2018. The Application seeking the limited grant is dated 2. 10. 2018.
3. A perusal of Citation Cause No. 461 of 2018 shows that the Citor filed a Notice of withdarawal of Citation on 13. 6.2018 and the file was marked as closed.
4. I have also noted that the citee in Citation Cause No. 461/2018 ANNAH MUTHONI CHEGE (deceased) passed away on 10/9/2018 and the death Certificate has not been obtained.
5. I find that the purpose of obtaining the Limited grant has been overtaken since Citation Cause No. 461/2018 has been withdrawn and the file concluded.
6. The Applicants also require the death certificate of the deceased in order to apply for the grant of letters of administration.
7. The Application dated 2. 10. 2018 is accordingly disallowed with no orders as to costs.
DELIVERED AND SIGNED IN OPEN COURT THIS 30THDAY OF OCTOBER 2018
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI
IN THE PRESENCE OF:
Mrs. Muigai
…………………………………………………………………
……………………………………………………………………