[2014] KEHC 7400 (KLR)
The court found that while the applicants had produced a death certificate proving the deceased's death, the letter from the Chief purporting to confirm their status as widows was not properly authenticated, lacking a stamp or clear identification of the author. As a result, the applicants failed to provide...
Source-derived case information.
- Citation
- [2014] KEHC 7400 (KLR)
- Parties
- Applicant: Joyce Nthenya Mutuku; Applicant: Salome Mueni Musili
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 105 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Letters of Administration Ad Litem
- Outcome
- application declined pending further evidence
- Judges
- LN Mutende
- Legal Topics
- Letters of Administration, Proof of Marriage, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Nthenya Mutuku
Applicant
Salome Mueni Musili
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicants have provided sufficient evidence to be granted letters of administration ad litem for the estate of the deceased.
- 2 Whether the applicants have established their status as widows of the deceased.
Ratio Decidendi
The court found that while the applicants had produced a death certificate proving the deceased's death, the letter from the Chief purporting to confirm their status as widows was not properly authenticated, lacking a stamp or clear identification of the author. As a result, the applicants failed to provide sufficient evidence of their relationship to the deceased. The court therefore declined to grant the letters of administration ad litem until the applicants produced a properly authenticated letter from the Chief confirming their status as widows.
Court Disposition
application declined pending further evidence
Orders
- Applicants to avail a properly authenticated letter from the Chief establishing their status as widows before the order for letters of administration ad litem can be granted.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 105 OF 2012
IN THE MATTER OF THE ESTATE OF JOHN MUTUKU KILONZO (DECEASED)
AND
1. JOYCE NTHENYA MUTUKU
2. SALOME MUENI MUSILI ....................................PETITIONERS
RULING
A Petition for Letters of Administration ad-litem was presented by Joyce Nthenya Mutuku and Salome Mueni Musiliin their capacity as widows to the deceased.
They seek issuance of LettersofAdministration ad litem limited to the purposes of filing of a suit at Chief Magistrate’s Court Milimaniwithout powers to distribute the Estate under the Grant.
The application is supported by an affidavit sworn by Joyce Nthenya whereby she depones that the deceased was involved in a Road Traffic Accident which occurred on the 17th February, 2009 whereby he succumbed to injuries sustained. The suit to be instituted will assist them to recover damages arising out of the accident.
I have considered the application in its entirety. There is evidence of a Death Certificate No. C 212207 which is proof of death of the deceased as a result of a Road Traffic Accident. Annexture “JNM3” is a letter purportedly from the office of the Chief Miu Location dated 27th May, 2009. It is signed by Pauline M. Ndeto. However, it has no stamp impression to establish who the author is. Consequently, there is no evidence of marriage of the Applicants and the deceased.
In the circumstances, this being a Succession Cause the applicants are advised to avail another letter from the Chiefto establish if indeed they are widows of the deceased prior to the order sought being granted.
It is so ordered.
DATED, DELIVERED and SIGNEDthis 24thday of JANUARY, 2014.
L.N. MUTENDE
JUDGE