[2024] KEHC 7142 (KLR)

[2024] KEHC 7142 (KLR)

The court declined to certify the application for a limited grant ad colligenda bona as urgent because the applicant failed to provide any explanation for not petitioning for a full grant despite the deceased having died in December 2022. The court acknowledged that issues of maintenance and education of minors had...

Source-derived case information.

Citation
[2024] KEHC 7142 (KLR)
Parties
Applicant: Irene Omolo Ondigo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause E038 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Limited Grant Ad Colligenda Bona
Outcome
Application for limited grant ad colligenda bona not certified as urgent; parties directed to appear for directions.
Judges
MS Shariff
Legal Topics
Succession Proceedings, Limited Grant Ad Colligenda Bona, Maintenance of Minors
Source Language
en
Family and Children Succession Proceedings Limited Grant Ad Colligenda Bona Maintenance of Minors

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Parties

Irene Omolo Ondigo

Applicant

Procedural Posture

Miscellaneous Succession Cause / Ruling on Application for Limited Grant Ad Colligenda Bona

Legal Issues

  1. 1 Whether the applicant has provided sufficient grounds for the issuance of a limited grant ad colligenda bona.
  2. 2 Whether the urgency of the application is justified in the absence of a petition for full grant.
  3. 3 Whether the issues of maintenance and education of minors warrant urgent intervention.

Ratio Decidendi

The court declined to certify the application for a limited grant ad colligenda bona as urgent because the applicant failed to provide any explanation for not petitioning for a full grant despite the deceased having died in December 2022. The court acknowledged that issues of maintenance and education of minors had been raised, but determined that these alone did not justify urgency in the absence of a satisfactory explanation for the delay. The court therefore directed the applicant and her co-wife to appear for directions, rather than granting the orders sought ex parte.

Court Disposition

Application for limited grant ad colligenda bona not certified as urgent; parties directed to appear for directions.

Orders

  • The applicant and her co-wife are directed to appear before the court on 20th June, 2024 for taking of directions.