[2021] KEHC 3713 (KLR)
The court found that the application for a limited grant of letters of administration ad litem was merited as it was necessary to enable the applicant to institute and prosecute a suit on behalf of the estate of the deceased. The application was ex parte and no prejudice would be occasioned to any party by granting...
Source-derived case information.
- Citation
- [2021] KEHC 3713 (KLR)
- Parties
- Applicant: Philip Oduor Okumu; Deceased: Bonface Okumu Opondo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E009 of 2021
- Procedural Posture
- Miscellaneous Succession Cause / Ex Parte Application for Limited Grant of Letters of Administration Ad Litem
- Outcome
- Application allowed. Limited grant of letters of administration ad litem issued to the applicant for the purpose of instituting and prosecuting suit in respect of the estate of the deceased.
- Judges
- RE Aburili
- Legal Topics
- Succession, Limited Grant, Letters of Administration, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Oduor Okumu
Applicant
Bonface Okumu Opondo
Deceased
Procedural Posture
Miscellaneous Succession Cause / Ex Parte Application for Limited Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant should be granted a limited grant of letters of administration ad litem to institute and prosecute a suit on behalf of the estate of the deceased.
Ratio Decidendi
The court found that the application for a limited grant of letters of administration ad litem was merited as it was necessary to enable the applicant to institute and prosecute a suit on behalf of the estate of the deceased. The application was ex parte and no prejudice would be occasioned to any party by granting the limited grant. The court therefore exercised its discretion to grant the limited grant for the specific purpose of instituting and prosecuting the suit, expressly excluding any powers to distribute the estate.
Court Disposition
Application allowed. Limited grant of letters of administration ad litem issued to the applicant for the purpose of instituting and prosecuting suit in respect of the estate of the deceased.
Orders
- A grant of administration ad litem is issued to Philip Oduor Okumu limited to instituting and prosecuting suit in respect of the estate of Bonface Okumu Opondo.
- The grant does not confer any powers to distribute the estate of the deceased.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLANEOUS SUCCESSION CAUSE NO. E009 OF 2021
CORAM: HON. R.E. ABURILI, J
IN THE MATTER OF THE ESTATE OF:
BONFACE OKUMU OPONDO.......................................(DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY:
PHILIP ODUOR OKUMU...............................................APPLICANT
RULING
1. I have considered the application dated 16/9/2021 under Certificate of urgency. I certify it as urgent.
2. On the merits thereof. I observe that the application is exparte, seeking for a limited grant of letters of Administration ad litemto enable the applicant file suit and prosecute it on behalf of the estate of the deceased Bonface Okumu.
3. No prejudice will be occasioned to any party, I find the application merited. I grant to the applicant Philip Oduor Okumu a grant of Administration ad litem limited for purpose of instituting and prosecuting suit in respect of the estate of Bonface Okumu Opondo who died on 5/11/2014 and without any powers to distribute the estate of the deceased.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE