[2024] KEHC 8514 (KLR)
The court found that the Petitioners, being sons of the deceased John Karigo Muchai, had demonstrated sufficient interest and necessity for the issuance of Letters of Administration Ad Litem. The grant was required to enable them to file Summons for Revocation of Grant in another succession cause, thereby protecting...
Source-derived case information.
- Citation
- [2024] KEHC 8514 (KLR)
- Parties
- Applicant: Edwin Muchai Karigo; Applicant: Richard Njoroge Karigo
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E126 of 2023
- Procedural Posture
- Probate and Administration / Ruling on Petition for Letters of Administration Ad Litem
- Outcome
- petition for letters of administration ad litem granted
- Judges
- DO Chepkwony
- Legal Topics
- Succession, Letters of Administration, Ad Litem Grant, Estate Management
- 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
Edwin Muchai Karigo
Applicant
Richard Njoroge Karigo
Applicant
Procedural Posture
Probate and Administration / Ruling on Petition for Letters of Administration Ad Litem
Legal Issues
- 1 Whether the Petitioners are entitled to be granted Letters of Administration Ad Litem for the estate of John Karigo Muchai (deceased).
- 2 Whether the grant is necessary to enable the Petitioners file Summons for Revocation of Grant in another succession cause.
Ratio Decidendi
The court found that the Petitioners, being sons of the deceased John Karigo Muchai, had demonstrated sufficient interest and necessity for the issuance of Letters of Administration Ad Litem. The grant was required to enable them to file Summons for Revocation of Grant in another succession cause, thereby protecting the interests of the estate and its dependants. There was no opposition to the petition, and the supporting affidavit established the factual basis for the grant. The court, therefore, exercised its discretion to issue the grant as prayed, in accordance with the Law of Succession Act and established principles regarding ad litem administration.
Court Disposition
petition for letters of administration ad litem granted
Orders
- Grant of Letters of Administration Ad Litem to issue to Edwin Muchai Karigo and Richard Njoroge Karigo in respect to the estate of John Karigo Muchai (deceased).
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of John Karigo Muchai (Deceased) (Probate & Administration E126 of 2023) [2024] KEHC 8514 (KLR) (27 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8514 (KLR)
Republic of Kenya
In the High Court at Kiambu
Probate & Administration E126 of 2023
DO Chepkwony, J
June 27, 2024
N THE MATTER OF THE ESTATE OF JOHN KARIGO MUCHAI (DECEASED)
In the matter of
Edwin Muchai Karigo
1st Petitioner
Richard Njoroge
2nd Petitioner
Ruling
1. What is before the court for determination is the Petition for Letters of Administration Ad Litem dated 7th December, 2023. The Petitioners hold that the deceased herein died on 9th January, 1996 and they have presented the Petition in their capacity as his sons.
2. According to the Petitioners, they intend to file Summons for Revocation of Grant in succession cause No. 18 of 2018, In the matter of the Estate of Joseph Waweru Muchai on behalf of the Estate of the deceased and the dependants of the deceased who include the two Petitioners and Hannah Wairimu Karigo. They hold that they require Grant of Letters of Administration Ad Litem to issue to enable them file the Summons for Revocation.
3. Having read through and considered the prayer in the Petition alongside the Affidavit, the Court hereby directs that Grant of Letters of Administration Ad Litem do issue to Edwin Muchai Karigo and Richard Njoroge Karigo in respect to the Estate of the Deceased, John Karigo Muchai.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS …27TH… DAY OF …JUNE…, 2024. D.O CHEPKWONYJUDGE