[2015] KEHC 2080 (KLR)
The court determined that the petitioners should be issued with a grant of letters of administration ad colligenda bona, limited to the collection and preservation of the estate of the deceased pending the making of a full grant. The judge clarified that such a grant is strictly for collection and preservation and...
Source-derived case information.
- Citation
- [2015] KEHC 2080 (KLR)
- Parties
- Applicant: Mitchell Menezes; Applicant: Amanda Reenvelle Obongo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1252 of 2015
- Procedural Posture
- Succession Cause / Ruling on Issuance of Limited Grant of Letters of Administration Ad Colligenda Bona
- Outcome
- Grant of letters of administration ad colligenda bona issued to the petitioners, limited to collection and preservation of the estate.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Letters of Administration, Ad Colligenda Bona, Estate Preservation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mitchell Menezes
Applicant
Amanda Reenvelle Obongo
Applicant
Procedural Posture
Succession Cause / Ruling on Issuance of Limited Grant of Letters of Administration Ad Colligenda Bona
Legal Issues
- 1 Whether the petitioners should be issued with a grant of letters of administration ad colligenda bona limited to collection and preservation of the estate pending the making of a full grant.
- 2 Whether the issuance of such a grant would affect an existing special limited grant.
Ratio Decidendi
The court determined that the petitioners should be issued with a grant of letters of administration ad colligenda bona, limited to the collection and preservation of the estate of the deceased pending the making of a full grant. The judge clarified that such a grant is strictly for collection and preservation and does not extend to other powers. The existence of a special limited grant does not bar the issuance of the ad colligenda bona grant, as their purposes do not conflict. The court directed the Deputy Registrar to issue the grant in the usual terms, as set out in the ruling.
Court Disposition
Grant of letters of administration ad colligenda bona issued to the petitioners, limited to collection and preservation of the estate.
Orders
- Deputy Registrar to issue a grant of letters of administration ad colligenda bona to the petitioners, limited to collection and preservation of the estate pending the making of a full grant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1252 OF 2015
IN THE MATTER OF THE ESTATE OF ANTONY SHEM OTIENO ODHIAMBO (DECEASED)
RULING
This matter was placed before me on 28th September 2015 for directions.
The petitioner herein had lodged the petition dated 22nd May 2015 in court on even date under certificate of urgency. The matter was placed before me on 26th May 2015. I allowed the petition and made a grant of letters of administration ad colligenda bona to Mitchell Menezes and Amanda Reenvelle Obongo.
A draft of the limited grant of letters of administration ad colligenda bona dated 26th May 2015 was placed before me on 29th May 2015 for my signature. I declined to sign the certificate on account of the manner it had been drafted. I directed the Deputy Registrar to have the same listed for mention for further directions. I believe the mention on 28th September 2015 was in compliance with the directions I gave on 29th May 2015.
I had intended that the petitioners be issued with a grant of letters of administration ad colligenda bona, limited in the usual manner, to the collection and preservation of the estate pending the making of the full grant, for such grant does not leave room for anything else other than collection of the estate and its preservation.
I note that there is a special limited grant in force. I believe a grant of letters of administration ad colligenda bona would not affect the special limited grant. I therefore hereby direct the Deputy Registrar to accordingly issue a grant in the terms set out in paragraph 4 above.
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF SEPTEMBER, 2015.
W. MUSYOKA
JUDGE