[2022] KEHC 10343 (KLR)
The court found that the applicants, being widows of the deceased, had demonstrated sufficient interest and necessity for the issuance of a limited grant of letters of administration ad litem. The grant was limited to the purpose of continuing with specific pending suits in which the deceased was a party. The court...
Source-derived case information.
- Citation
- [2022] KEHC 10343 (KLR)
- Parties
- Applicant: Lucy Njeri Kiiru; Applicant: Serah Muthoni Kiiru
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E001 of 2022
- Procedural Posture
- Miscellaneous Cause / Ruling on Petition for Grant of Letters of Administration Ad Litem
- Outcome
- application granted
- Judges
- GWN Macharia
- Legal Topics
- Letters of Administration, Ad Litem Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Njeri Kiiru
Applicant
Serah Muthoni Kiiru
Applicant
Procedural Posture
Miscellaneous Cause / Ruling on Petition for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicants are entitled to a limited grant of letters of administration ad litem for the purpose of continuing with pending suits involving the deceased.
Ratio Decidendi
The court found that the applicants, being widows of the deceased, had demonstrated sufficient interest and necessity for the issuance of a limited grant of letters of administration ad litem. The grant was limited to the purpose of continuing with specific pending suits in which the deceased was a party. The court certified the application as urgent and granted the orders sought, thereby enabling the applicants to represent the estate in the identified proceedings.
Court Disposition
application granted
Orders
- Limited Grant of Letters of Administration Ad Litem to issue to Lucy Njeri Kiiru and Serah Muthoni Kiiru jointly, limited only for purposes of continuing with Nakuru ELC No. 149 of 2019 and Nakuru ELC No. 292 of 2019.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Geoffrey Kiiru Kinyanjui (Deceased) (Miscellaneous Cause E001 of 2022) [2022] KEHC 10343 (KLR) (21 April 2022) (Ruling)
Neutral citation: [2022] KEHC 10343 (KLR)
Republic of Kenya
In the High Court at Naivasha
Miscellaneous Cause E001 of 2022
GWN Macharia, J
April 21, 2022
IN THE MATTER OF THE ESTATE OF GEOFFREY KIIRU KINYANJUI (DECEASED)
In the matter of
Lucy Njeri Kiiru
1st Petitioner
Serah Muthoni Kiiru
2nd Petitioner
Ruling
1. I have perused the Applicants’ application being a Petition for Grant of Letters of Administration Ad Litem dated 14th April, 2022. The Applicants, Lucy Njeri Kiiru and Serah Muthoni Kiiru are the widows of the deceased, Geoffrey Kiiru Kinyanjui. They seek the Letters of Administration Ad Litem only for purposes of continuing with suits in which the deceased was a party as outlined in the supporting affidavit sworn by both Applicants.
2. I accordingly certify the application as urgent. The same is granted in the terms Limited Grant of Letters of Administration Ad Litem will issue to both Applicants jointly, limited only for purposes of continuing with the following suits:a) Nakuru ELC No. 149 of 2019 - Said Amin Mohamed vs Geoffrey Kiiru Kinyanjui & Others.b) Nakuru ELC No. 292 of 2019 - Longonot Dairies Ltd vs Kenya Commercial Bank Ltd.
DATED AND DELIVERED AT NAIVASHA THIS 21ST DAY OF APRIL, 2022. G. W. NGENYE-MACHARIAJUDGE