[2019] KEHC 12087 (KLR)
The court found that the applicants had demonstrated sufficient cause for the issuance of a limited grant ad litem to defend the pending civil suit (ELC Case No. 209 of 2018) on behalf of the deceased's estate. The court held that such a grant is appropriate where there is a need to protect the estate's interests in...
Source-derived case information.
- Citation
- [2019] KEHC 12087 (KLR)
- Parties
- Applicant: Ferhan Mang’eli; Applicant: Ali Mulwa Mang’eli; Respondent: Estate of Dr. Kioko Mang’eli (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 466 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application for Limited Grant Ad Litem
- Outcome
- application for limited grant ad litem granted; applicants directed to file full petition for letters of administration within 30 days.
- Legal Topics
- Grant of Letters of Administration, Limited Grant Ad Litem, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ferhan Mang’eli
Applicant
Ali Mulwa Mang’eli
Applicant
Estate of Dr. Kioko Mang’eli (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Limited Grant Ad Litem
Legal Issues
- 1 Whether the applicants should be granted a limited grant ad litem to defend a pending civil suit on behalf of the deceased's estate.
- 2 Whether the applicants should be directed to file a full petition for grant of letters of administration.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient cause for the issuance of a limited grant ad litem to defend the pending civil suit (ELC Case No. 209 of 2018) on behalf of the deceased's estate. The court held that such a grant is appropriate where there is a need to protect the estate's interests in ongoing litigation, pending the determination of a full petition for letters of administration. The court further directed the applicants to file a full petition for grant of letters of administration within 30 days, in accordance with the requirements of the Law of Succession Act. The orders were made to ensure the estate is properly represented in court and that the...
Court Disposition
application for limited grant ad litem granted; applicants directed to file full petition for letters of administration within 30 days.
Orders
- Limited grant ad litem to issue forthwith for purposes of pursuing the civil suit (ELC Case No. 209 of 2018).
- Applicants to file a full petition for grant of letters of administration within 30 days of the ruling date.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 466 OF 2019
IN THE MATTER OF THE ESTATE OF DR. KIOKO MANG’ELI (DECEASED)
RULING
1. The Deceased herein DR. KIOKO MANG’ELI died intestate on 14th March 2019 domiciled in Kenya.
2. The Deceased left the following Beneficiaries:
(i) FERHAN MANG’ELI – WIDOW
(ii) ALI MULWA MANG’ELI- SON
(iii) BOBBY MUTHOKI MANG’ELI – DAUGHTER
(iv) RUBY MANG’ELI– DAUGHTER
(v) LOULOU WANZA MANG’ELI– DAUGHTER
(vi) KATANU MANG’ELI– DAUGHTER
(vii) LEYLA HENRIKSEN– DAUGHTER
3. The Deceased had a suit pending before the ELC Division being ELC case No. 209 of 2018.
4. The two Applicants are now seeking letters of administration Ad Litem to enable them defend the suit before ELC Division.
5. The Limited grant Ad Litem is granted for purposes of pursuing the Civil Suit. The same to issue forthwith.
6. The Applicants are also directed to file a full Petitioner for grant of Letters of Administration within 30 days of this date.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 29THDAY OF NOVEMBER, 2019.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.