[2017] KEHC 8018 (KLR)
The court found that the applicant had indeed died and that another person had obtained letters of administration ad litem for the purpose of representing the deceased's estate. The court held that, for whatever value it may have, the substitution should be allowed, as the requirements for substitution had been met....
Source-derived case information.
- Citation
- [2017] KEHC 8018 (KLR)
- Parties
- Applicant: Ashford Njuguna Nduni (Deceased); Respondent: Unknown Objector(s)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1589 of 1994
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Deceased Applicant
- Outcome
- application for substitution allowed
- Judges
- DN Musyoka
- Legal Topics
- Substitution of Parties, Letters of Administration, Estate Management
- 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
Ashford Njuguna Nduni (Deceased)
Applicant
Unknown Objector(s)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Deceased Applicant
Legal Issues
- 1 Whether the applicant, having died, can be substituted by a person with letters of administration ad litem.
- 2 Whether the application for substitution is spent or overtaken by events.
Ratio Decidendi
The court found that the applicant had indeed died and that another person had obtained letters of administration ad litem for the purpose of representing the deceased's estate. The court held that, for whatever value it may have, the substitution should be allowed, as the requirements for substitution had been met. The opposition, which argued that the application was spent or overtaken by events, did not provide sufficient grounds to deny the substitution. Therefore, the application for substitution was allowed and costs were ordered to be in the cause.
Court Disposition
application for substitution allowed
Orders
- The application for substitution is allowed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1589 OF 1994
IN THE MATTER OF THE ESTATE OF ASHFORD NJUGUNA NDUNI (DECEASED)
RULING
1. The application for determination is dated 24th March 2015. It seeks substitution of a dead applicant by a person who alleges to have obtained representation ad litem to the estate of the dead applicant. There are documents attached, as proof of the death and the appointment.
2. The opposition to the application is on the grounds that the application by the dead applicant and her compatriots is either spent or overtaken by events, and therefore it would serve no purpose to have her substituted.
3. I am satisfied that the particular applicant died, and someone has taken out letters of administration ad litem, ostensibly to facilitate her joinder to these proceedings. For whatever it is worth, I shall allow the application. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 3RD DAY OF FEBRUARY, 2017.
W. MUSYOKA
JUDGE