[2024] KEHC 4628 (KLR)
The court found that the Petitioners, being the wife and son of the deceased, had provided all necessary documentation, including the death certificate, police abstract, chief's letter, and motor vehicle search certificate. These documents satisfied the requirements under Section 54 of the Law of Succession Act for...
Source-derived case information.
- Citation
- [2024] KEHC 4628 (KLR)
- Parties
- Applicant: Esther Waithira Kamiri; Applicant: George Ndungu Nyoike; Respondent: Estate of Joseph Nyoike Githiora
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E002 of 2024
- Procedural Posture
- Probate and Administration / Ruling on Petition for Grant of Administration Ad Litem
- Outcome
- Grant of Letters of Administration Ad Litem issued to the Petitioners for the estate of Joseph Nyoike Githiora.
- Judges
- DO Chepkwony
- Legal Topics
- Grant of Letters of Administration, Ad Litem Administration, Estate Management, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Esther Waithira Kamiri
Applicant
George Ndungu Nyoike
Applicant
Estate of Joseph Nyoike Githiora
Respondent
Procedural Posture
Probate and Administration / Ruling on Petition for Grant of Administration Ad Litem
Legal Issues
- 1 Whether the Petitioners have satisfied the requirements for issuance of Grant of Letters of Administration Ad Litem under Section 54 of the Law of Succession Act.
- 2 Whether the Petitioners are entitled to represent the estate of the deceased for the purpose of filing a suit for damages.
Ratio Decidendi
The court found that the Petitioners, being the wife and son of the deceased, had provided all necessary documentation, including the death certificate, police abstract, chief's letter, and motor vehicle search certificate. These documents satisfied the requirements under Section 54 of the Law of Succession Act for the issuance of a Grant of Letters of Administration Ad Litem. The court held that the grant was necessary to enable the Petitioners to institute a suit for damages against the owner of the motor vehicle responsible for the accident that caused the deceased's death. Accordingly, the court directed that the Grant of Letters of Administration Ad Litem be issued to the Petitioners...
Court Disposition
Grant of Letters of Administration Ad Litem issued to the Petitioners for the estate of Joseph Nyoike Githiora.
Orders
- Grant of Letters of Administration Ad Litem to issue to Esther Waithira Kamiri and George Ndungu Nyoike in respect of the estate of Joseph Nyoike Githiora.
- The grant is for the purpose of filing a suit against George Michael Mbakahya, owner of Motor Vehicle Registration KDD 231X, to recover damages for the estate and dependants.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Githiora Joseph Nyoike (Probate & Administration E002 of 2024) [2024] KEHC 4628 (KLR) (12 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4628 (KLR)
Republic of Kenya
In the High Court at Kiambu
Probate & Administration E002 of 2024
DO Chepkwony, J
April 12, 2024
Ruling
1. Before the court is the Petition for Grant of Administration Ad Litem dated 13th November, 2023 which is supported by the Affidavit of Esther Waithira Kamiri and George Ndungu Nyoike (“hereinafter referred to as the Petitioners”) sworn on even date.
2. According to the Application, the deceased, Joseph Nyoike Githiora died in a road traffic accident on 29th June, 2023 at Lioko Ruturo in Githunguri along Kiambu road as indicated in the police abstract. The Petitioners intend to sue the owner of Motor vehicle Registration No.KDD 231X being George Michael Mbakahya as seen in the Motor Vehicle Search Certificate for damages on behalf of the Estate of the deceased.
3. Having read through the Petition and the documents attached being the Death Certificate, Letter from Chief of Ikinu Location dated 9th October,2023, copies of the Police Abstract and the Motor Vehicle Search Certificate, the court is satisfied that the Petitioners have satisfied the requirements set out under Section 54 of the Law of Succession Act (Cap 160 of the Laws of Kenya) to warrant the issuance of the Grant of Letters of Administration Ad Litem by the court.
4. Therefore, the court hereby directs that Grant of Letters of Administration Ad Litem do issue to Esther Waithira Kamiri and George Ndungu Nyoike, deceased’s wife and son respectively, in respect of the Estate of the Deceased, Joseph Nyoike Githiora to enable them file a suit against the owner of Motor Vehicle Registration KDD 231X, one George Michael Mbakahya to recover damages in respect of the deceased and his dependants.
It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 12TH DAY OF APRIL, 2024. D. O. CHEPKWONYJUDGE