[2016] KEHC 725 (KLR)
The court found that the applicant, being a nephew of the deceased and having demonstrated the urgency of substituting the deceased in a pending civil suit, was entitled to a limited grant of letters of administration ad litem. The court held that the purpose of such a grant is to enable the applicant to act on...
Source-derived case information.
- Citation
- [2016] KEHC 725 (KLR)
- Parties
- Applicant: Cosmas Mutua Sila; Respondent: Christine Munini Mutava (Deceased)
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 98 of 2014
- Procedural Posture
- Succession Cause / Ruling on Petition for Letters of Administration Ad Litem
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Letters of Administration, Limited Grant, Substitution of Parties, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosmas Mutua Sila
Applicant
Christine Munini Mutava (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Petition for Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant, as nephew of the deceased, is entitled to a limited grant of letters of administration ad litem for the purpose of substitution in a pending civil suit.
- 2 Whether the urgency of substitution in the civil suit justifies issuance of a limited grant instead of a full grant.
Ratio Decidendi
The court found that the applicant, being a nephew of the deceased and having demonstrated the urgency of substituting the deceased in a pending civil suit, was entitled to a limited grant of letters of administration ad litem. The court held that the purpose of such a grant is to enable the applicant to act on behalf of the estate in the specified suit, and that the law allows for such limited grants where a full grant would be unduly delayed. The court further clarified that the limited grant does not confer authority to distribute the estate, but only to prosecute or defend the proceedings in question. The application was therefore allowed as merited, and the limited grant was issued...
Court Disposition
application allowed
Orders
- Grant of Letters of Administration Ad Litem issued to the applicant for the purpose of substituting the deceased in Civil Suit No. 83 of 2012 Machakos Chief Magistrate’s Court.
- No power to distribute the estate under this grant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 98 OF 2014
IN THE MATTER OF THE ESTATE OF CHRISTINE MUNINI MUTAVA (DECEASED)
COSMAS MUTUA SILA …………………………………APPLICANT
RULING OF THE COURT
1. Before the court is a Petition for Letters of Administration Ad Litemby Cosmas Mutua Sila who states that he is a nephew to the deceased and presents this Petition as such nephew. The applicant Petitions for Letters of Administration Ad Litem for the purpose of substituting the deceased in a suit being Chief Magistrate’s Court Civil suit No. 83 of 2012. The Petition is supported by the applicant’s affidavit sworn on 19th May, 2014. In the affidavit the applicant depones that he is a male adult of sound mind and understating, and herein hence competent to swear the affidavit. The full names of the deceased to whose estate these proceedings relate are Christine Munini Mutava and the applicant is the Petitioner in the petition herein upon which he has endorsed his name at the time of swearing this affidavit. The deceased died on 27th May, 2013at Coptic Hospitalafter a long illness. The deceased at the time of his death was domiciled in Kenya and her last place of residence was Tulimani Location,within Mbooni County. The deceased died intestate and the Petitioner is related to her by virtue of being her nephew. The applicant is seeking limited grant of representation to the deceased’s estate on the basis that the applicant want to substitute her in respect to a suit in Machakos Chief Magistrate’s court Civil Cause No. 83 of 2012. The applicant’s case is that processing a full grant takes a long time and it is necessary that the applicant takes up the grant of Letters of Administration Ad Litempromptly and immediately to avoid being overtaken by time.
2. I have considered the application. The same is merited and is allowed in the following terms;
a. The grant of Letters of Administration Ad Litem hereby do issue to the applicant for the purpose of substituting the deceased in the Civil Suit No. 83 of 2012 Machakos Chief Magistrate’s Court
b. There is no power to distribute the estate under this grant.
c. Costs to be in the cause.
Orders accordingly.
DATED AND DELIVERED AT MACHAKOS THIS 8THDAY OF DECEMBER, 2016.
………………………………………
E. OGOLA
JUDGE
In the presence of;
Mr. Mutune holding brief for Musyoka Kimeu for Applicant
Court Assistant – Mr. Munyao