[2023] KEHC 2706 (KLR)
The court found that the applicants had demonstrated a legitimate purpose for seeking a limited grant of administration ad litem, namely, to file and prosecute a civil suit for recovery of damages on behalf of the deceased's estate. The court held that it is in the interest of justice to allow the application, but...
Source-derived case information.
- Citation
- [2023] KEHC 2706 (KLR)
- Parties
- Applicant: Teresiah Njeri Kariiri & another; Respondent: Joseph Gitau; Respondent: Hon Attorney General (on behalf of the Ministry of Interior and Coordination of National Government)
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E004 of 2022
- Procedural Posture
- Family Miscellaneous Application / Ruling on Application for Grant of Administration Ad Litem
- Outcome
- application allowed
- Judges
- GL Nzioka
- Legal Topics
- Grant of Administration Ad Litem, Estate Management, Civil Suits by Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresiah Njeri Kariiri & another
Applicant
Joseph Gitau
Respondent
Hon Attorney General (on behalf of the Ministry of Interior and Coordination of National Government)
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling on Application for Grant of Administration Ad Litem
Legal Issues
- 1 Whether the applicants should be granted a limited grant of administration ad litem for the purpose of filing a suit for recovery of damages on behalf of the deceased's estate.
Ratio Decidendi
The court found that the applicants had demonstrated a legitimate purpose for seeking a limited grant of administration ad litem, namely, to file and prosecute a civil suit for recovery of damages on behalf of the deceased's estate. The court held that it is in the interest of justice to allow the application, but clarified that the grant is strictly limited to the filing of the intended suit and does not authorize the applicants to deal with the assets of the estate or use the grant for any other purpose until the succession cause is heard and determined.
Court Disposition
application allowed
Orders
- A grant of administration ad litem is issued to the applicants limited to the purpose of filing and prosecuting a suit for recovery of damages on behalf of the deceased's estate.
- The grant does not confer authority to deal with the assets of the estate until the succession cause is heard and determined.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of James Maina Njoroge (Deceased) (Family Miscellaneous Application E004 of 2022) [2023] KEHC 2706 (KLR) (29 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2706 (KLR)
Republic of Kenya
In the High Court at Naivasha
Family Miscellaneous Application E004 of 2022
GL Nzioka, J
March 29, 2023
In the matter of
Teresiah Njeri Kariiri & another
Applicant
Ruling
1. The subject application herein is dated July 14, 2022. The same seeks for orders that, the applicants be given a grant of administration ad litem limited for the purpose of filing a suit for recovery of damages arising out of an accident.
2. The application is supported by an affidavit sworn by the applicants of the even date. It is averred that, they want to file and prosecute civil proceedings on behalf of the estate of the deceased for general and special damages, against Joseph Gitau of P.O Box 1-20301 Miharati, being an officer of provincial administration and the Hon the AG, on behalf of the ministry of interior and coordination of national government.
3. I have considered the application, the prayers therein and the supporting affidavit. The death certificate annexed to the petition refers. I find that as the purpose of seeking for the subject prayers has been stated, it is in the interest of justice that, the application be allowed as prayed. I however, make it clear that, other than filing of the intended suit, this order shall not confer upon the applicants power to deal with the assets of the estate of the deceased, until the succession cause is heard and determined. Neither, shall it be used for any other unauthorized purpose(s).
It is so ordered.
DATED, DELIVERED AND SIGNED ON THIS 29TH MARCH 2023. GRACE L. NZIOKAJUDGEIn the presence of:No appearance for the applicant’s counselMs Ogutu: Court Assistant