[2024] KEHC 3205 (KLR)
The court found that the applicant, James Kamau Karanja, had complied with all statutory and procedural requirements for the grant of letters of administration ad litem. The court was satisfied with the evidence of death, the applicant's relationship to the deceased, the list of beneficiaries, and the consents...
Source-derived case information.
- Citation
- [2024] KEHC 3205 (KLR)
- Parties
- Applicant: James Kamau Karanja; Respondent: Robert Kinuthia Wanjiku; Respondent: Lucy Wakonyo Karanja; Respondent: Geoffrey Mwenja Wambui; Respondent: Naomi Wambui Wanjiku; Respondent: Peter Karomo Kabui
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E123 of 2023
- Procedural Posture
- Probate and Administration / Ruling on Petition for Grant of Letters of Administration Ad Litem
- Outcome
- petition allowed; grant of letters of administration ad litem issued to applicant
- Judges
- DO Chepkwony
- Legal Topics
- Succession, Grant of Letters of Administration, Estate Administration, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kamau Karanja
Applicant
Robert Kinuthia Wanjiku
Respondent
Lucy Wakonyo Karanja
Respondent
Geoffrey Mwenja Wambui
Respondent
Naomi Wambui Wanjiku
Respondent
Peter Karomo Kabui
Respondent
Procedural Posture
Probate and Administration / Ruling on Petition for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the petitioner has satisfied the conditions for grant of letters of administration ad litem in respect of the deceased's estate.
- 2 Whether the consent of all beneficiaries, or valid explanation for lack thereof, has been provided.
Ratio Decidendi
The court found that the applicant, James Kamau Karanja, had complied with all statutory and procedural requirements for the grant of letters of administration ad litem. The court was satisfied with the evidence of death, the applicant's relationship to the deceased, the list of beneficiaries, and the consents provided. The court accepted the medical report explaining the lack of consent from one beneficiary, Naomi Wambui Wanjiku, due to her incapacity. The court further noted the necessity of the grant to enable the applicant to pursue ongoing succession matters involving the estate. Accordingly, the petition was allowed and the grant of letters of administration ad litem was issued to...
Court Disposition
petition allowed; grant of letters of administration ad litem issued to applicant
Orders
- Grant of Letters of Administration Ad Litem in respect to the estate of Janet Wanjiku Kabui to issue to James Kamau Karanja.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Janet Wanjiku Kabui - Deceased (Probate & Administration E123 of 2023) [2024] KEHC 3205 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 3205 (KLR)
Republic of Kenya
In the High Court at Kiambu
Probate & Administration E123 of 2023
DO Chepkwony, J
January 25, 2024
IN THE MATTTER OF THE ESTATE OF JANET WANJIKU KABUI -DECEASED
Ruling
1. What is before the court is Petition for Grant of Letters of Administration Ad Litem dated 5th December, 2023 in respect to the estate of the deceased Janet Wanjiku Kabui.
2. The Petitioner is seeking the Grant Ad litem for purposes of pursuing Petitions HCP&A 99 OF 2016, In the matter of the Estate of Naomi Kabui Gakumo and Kiambu Succession Cause No. 58 of 2013 and Kiambu Succession Cause No. 151 of 2013, In the matter of the Estate of Naomi Kabui Gakumo as shown in the court order marked JKK2.
3. It is supported by the Affidavit of James Kamau Karanja, wherein the Petitioner holds that the deceased died on 10th March, 2023 as per the Death Certificate marked as ‘JKK1’. He holds that he presents the Petition in his capacity as son of the deceased.
4. The Petitioner holds that the deceased was survived by five dependants being Robert Kinuthia Wanjiku (son), Lucy Wakonyo Karanja (daughter), Geoffrey Mwenja Wambui (son), Naomi Wambui Wanjiku (daughter) and Peter Karomo Kabui (son) who have consented to his application save for Naomi Wambui Wanjiku who does not have legal capacity to do so due to her medical condition as evidenced in the medical report marked JKK3.
Determination 5. The court has considered the Petition and the letter from Chief of Ruaka locations dated 27th October, 2023 which has listed all the beneficiaries of the deceased as those that appear in the Petition. The court has also considered the consent signed by the beneficiaries of the deceased together with the Petitioner to the exclusion of Naomi Wambui Kariuki- daughter of the deceased whom the court is satisfied with the evidence availed of her medical conditions in the medical report marked JKK3.
6. The court has also noted that the court order issued in Kiambu Succession Cause No.99 of 2016 (formerly Nairobi HCSC 2236 OF 2014) and Kiambu CM Succession No. 151 OF 2013 to which the deceased, Janet Wanjiku Kabui was a party thereto and finds that there is need to grant the Petitioner the Grant of Letters of Administration Ad Litem to enable him proceed with the case.
7. The Petitioner having complied with all the conditions set out for the grant of Letters of Administration Ad Litem, the court finds the Petition ought to be allowed and directs that Grant of Letters of Administration AD Litem in respect to the estate of Janet Wanjiku Kabui do issue upon James Kamau Karanja.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 25TH DAY OF JANUARY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:M/S Chege counsel for the Estate of the DeceasedCourt Assistant - Martin