[2020] KEHC 9420 (KLR)
The court held that the applicant, having obtained a grant of letters of administration ad litem for her late mother, has the legal capacity to substitute her mother as objector in the succession proceedings. The respondent's challenge to the applicant's substitution on the basis of beneficiary status is premature,...
Source-derived case information.
- Citation
- [2020] KEHC 9420 (KLR)
- Parties
- Applicant: Cathlene Wanjiku Ng’ang’a; Respondent: Joseph Kingoi Ng’ang’a
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 18 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Objector in Succession Proceedings
- Outcome
- application allowed
- Judges
- AO Muchelule
- Legal Topics
- Succession, Letters of Administration, Substitution of Parties, Beneficiaries, Intestate Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cathlene Wanjiku Ng’ang’a
Applicant
Joseph Kingoi Ng’ang’a
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Objector in Succession Proceedings
Legal Issues
- 1 Whether the applicant can substitute her late mother as objector in the succession cause.
- 2 Whether the applicant has capacity to proceed on behalf of her late mother under the grant of letters of administration ad litem.
- 3 Whether the applicant or her siblings are beneficiaries of the deceased's estate.
Ratio Decidendi
The court held that the applicant, having obtained a grant of letters of administration ad litem for her late mother, has the legal capacity to substitute her mother as objector in the succession proceedings. The respondent's challenge to the applicant's substitution on the basis of beneficiary status is premature, as the issue of whether the applicant or her siblings are beneficiaries of the deceased's estate will be determined at the confirmation of grant stage. The grant issued to the applicant confers standing to sue and be sued on behalf of her late mother, and thus the application for substitution is allowed. Costs are to be in the cause.
Court Disposition
application allowed
Orders
- The application dated 19th February 2019 is allowed.
- The applicant, Cathlene Wanjiku Ng’ang’a, shall substitute Ronnah Wairimu Ng’ang’a as the objector.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
MISC. SUCCESSION CAUSE NO. 18 OF 2011
IN THE MATTER OF THE ESTATE OF DANIEL NG’ANG’A THAGICHU (DECEASED
CATHLENE WANJIKU NG’ANG’A.......................................APPLICANT
VERSES
JOSEPH KINGOI NG’ANG’A..............................................RESPONDENT
RULING
1. This dispute relates to the estate of the deceased Daniel Ng’ang’a Thagichu who died on 26th February 2006 at Kiambu Hospital. He had a share in Githunguri/Ikinu/2067 and in Githunguri/ Riuki/445. He was married to two wives, Elizabeth Wanjiku Ng’ang’a and the objector Ronnah Wairimu Ng’ang’a. Elizabeth Wanjiku Ng’ang’a had one child, Joseph Kingoi Ng’ang’a (the respondent), with the deceased. Ronnah Wairimu Ng’ang’a had four children: Phylis Njeri Ng’ang’a, Nancy Mukuhi Ng’ang’a, Diana Wairimu Mumbi and Cathlene Wanjiku Ng’ang’a (the applicant). The respondent has stated that none of the children of Ronnah Wairimu Ng’ang’a was sired by the deceased. The applicant’s case is that her and her siblings are children of the deceased. Elizabeth Wanjiku Ng’ang’a died on 25th August 2016.
2. Ronnah Wairimu Ng’ang’a petitioned Kiambu Senior Principal Magistrate’s Court in Succession Cause No. 139 of 2009 seeking the grant of letters of administration intestate. The respondent, on his part, filed in the same court Cause No. 130 of 2009 a petition for grant in respect of the estate of the deceased. The two causes were consolidated and transferred to this court for disposal. An issue was raised by the respondent whether or not the deceased had left a Will. The court sought to determine the issue. Ronnah Wairimu Ng’ang’a became the objector. The applicant and one witness testified. Ronnah Wairimu Ng’ang’a died on 25th August 2016 before she had testified.
3. The applicant obtained a grant of letters of administration ad litem to enable her take up the position of Ronnah Wairimu Ng’ang’a in these proceedings as the objector. She seeks to substitute her late mother to be able to proceed with this cause.
4. The respondent is opposing the application on the basis that none of the children of Ronnah Wairimu Ng’ang’a was sired by the deceased, or adopted by him, and, therefore, that the applicant will not benefit from the estate and cannot substitute her late mother.
5. The grant issued to the applicant gave her capacity to sue and be sued on behalf of her late mother, and therefore her application cannot be competently challenged (Trouistik Union International & Another –v- Mbeyu & Another [2008]IKLR (G & F) 730).
6. The issue whether the applicant, or any of her siblings, was a child of the deceased, and therefore beneficiary, will be determined at the point of the application for the confirmation of the grant.
7. I allow the application dated 19th February 2019. The applicant shall substitute Ronnah Wairimu Ng’ang’a as the objector.
8. Costs shall be in the cause.
DATED and DELIVERED at NAIROBI this 26TH day of FEBRUARY 2020
A.O. MUCHELULE
JUDGE