[2015] KEHC 5558 (KLR)

[2015] KEHC 5558 (KLR)

The court held that in the absence of a grant of representation, any person occupying or dealing with the deceased's property is considered an intermeddler under Section 45 of the Law of Succession Act. The court found no explanation for the delay in seeking a full grant but allowed the petition for letters of...

Source-derived case information.

Citation
[2015] KEHC 5558 (KLR)
Parties
Applicant: Petitioners (names not specified); Respondent: Estate of Esther Wambui Nganga (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 323 of 2015
Procedural Posture
Succession Cause / Ruling on Application for Grant of Letters of Administration Ad Litem
Outcome
Petition for grant of letters of administration ad litem allowed; petitioners directed to apply for full grant within 30 days.
Judges
DN Musyoka
Legal Topics
Succession, Letters of Administration, Intermeddling, Estate Management
Source Language
en
Family and Children Succession Letters of Administration Intermeddling Estate Management

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Parties

Petitioners (names not specified)

Applicant

Estate of Esther Wambui Nganga (Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Grant of Letters of Administration Ad Litem

Legal Issues

  1. 1 Whether the petitioners are entitled to a grant of letters of administration ad litem for the estate of the deceased.
  2. 2 Whether persons in occupation of the deceased's property without a grant are intermeddlers under Section 45 of the Law of Succession Act.
  3. 3 Whether the petitioners should be directed to apply for a full grant of letters of administration intestate.

Ratio Decidendi

The court held that in the absence of a grant of representation, any person occupying or dealing with the deceased's property is considered an intermeddler under Section 45 of the Law of Succession Act. The court found no explanation for the delay in seeking a full grant but allowed the petition for letters of administration ad litem to enable the petitioners to represent the estate. The court further directed the petitioners to apply for a full grant of letters of administration intestate within thirty days, emphasizing the need for proper administration of the estate in accordance with the law.

Court Disposition

Petition for grant of letters of administration ad litem allowed; petitioners directed to apply for full grant within 30 days.

Orders

  • Petition dated 19/2/2015 for grant of letters of administration ad litem is allowed.
  • Petitioners to apply within 30 days for a full grant of letters of administration intestate.