[2021] KEHC 5264 (KLR)
The court found that the applicant failed to demonstrate the continued necessity for letters of administration ad litem, did not provide sufficient evidence that she was the only person able to apply, and did not show that other family members consented to her substitution. The application lacked supporting...
Source-derived case information.
- Citation
- [2021] KEHC 5264 (KLR)
- Parties
- Applicant: Lilian Musanga Meja; Petitioner: Michael Shitsama Chikukwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 19 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator Ad Litem
- Outcome
- application dismissed
- Judges
- BA Mitullah
- Legal Topics
- Letters of Administration, Substitution of Administrator, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Musanga Meja
Applicant
Michael Shitsama Chikukwa
Petitioner
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator Ad Litem
Legal Issues
- 1 Whether there is still need for letters of administration ad litem in respect of the estate of Florah Shidakwa Muteshi.
- 2 Whether Lilian Musanga Meja is the only person able to apply for substitution as administrator ad litem.
- 3 Whether there is sufficient consent from other family members for the substitution.
Ratio Decidendi
The court found that the applicant failed to demonstrate the continued necessity for letters of administration ad litem, did not provide sufficient evidence that she was the only person able to apply, and did not show that other family members consented to her substitution. The application lacked supporting documentation regarding the alleged civil case and did not explain the failure to seek a full grant. As a result, the court dismissed the application and directed the surviving family to petition for a full grant without further delay.
Court Disposition
application dismissed
Orders
- Application dismissed.
- File closed.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO.19 OF 2014
IN THE MATTER OF THE ESTATE OF THE LATE FLORAH SHIDAKWA MUTECHI (DECEASED)
MICHEAL SHITSAMA CHIKUKWA...........PETITIONER (DECEASED)
LILIAN MUSANGA MEJA.......................................................APPLICANT
RULING
1. This matter concerns the estate of Florah Shidakwa Muteshi who passed away on 19th January 2014. On 18th March 2014 her son Michael Shitsama applied for Letters of Administration Ad litem. It was said the urgency of “the circumstances” required a limited grant because there was insufficient time to obtain a full grant (see Petition filed on 19th March 2014).
2. The circumstances referred to and relied upon were not set out nor explained. Nevertheless, there were Letters of Administration Ad litem issued to Michael Shitsama on 21st March 2014. Sadly, Michael Shitsama is said to have passed away. The application has exhibited Death Certificate Registration No.0453519 showing that Michael Shitsama Muteshi passed away in Museno on 27th March 2015.
3. The application now before the court seeks to replace Michael Shitsama with a daughter of the deceased Florah Shidakwa, namely LILIAN MUZANGO MESA as administrator AD LITEM. The reason given is that the Petitioner, who is now deceased had filed a Civil Case No.255 of 2014. The court is not identified, pleadings are not exhibited, the subject matter of the suit is not identified and as a consequence its existence has not been proved. Further, the reason in failure to apply for a full grant has equally not been explained.
4. In the original petition exhibited a letter from the Senior Assistant Chief of Museno Sub-location the children of the late Florah Shidakwa were listed as:
1) Agnes Atamba
2) Michael Shitsana Chibukwa
3) Lilian Musanga
4) Anthony Machunga
5) Consolata Mukwilu
6) Patrick Ingara
Those members of the family were said to have agreed in the appointment of Michael as administrator.
5. The Chief’s letter exhibited to the supporting affidavit now before the court as PMM-2 comes from the office of the Senior Chief Khayega location dated 19th February 2018.
states that after Michael Shitsama Muteshi “died and the only remaining daughter to the deceased is Lilian Musanga Meja of ID/NO.[….] is now official next of kin of the estate of the Florence.” The discrepancy between those two versions is abundantly clear but the explanation which one would expect in the application has not been provided.
6. For those reasons this Court cannot be satisfied that:
1. There is still need for letters of administration AD LITEM;
2. The applicant is the only person able to apply;
3. The other family members agree to that consent.
7. It is therefore Ordered that:
(1) Application dismissed.
(2) File closed.
(3) Surviving family of Florah Shidakwa Muteshi to petition for full grant without further delay.
Order accordingly,
Farah Amin
JUDGE
SIGNED AND DATED IN KAKAMEGA ON THIS THE 9TH DAY OF JUNE 2021