[2025] KEHC 16799 (KLR)
The court found that the applicant, being the son of the deceased and seeking only to represent the estate in litigation for the purpose of preserving its assets, satisfied the requirements for a special limited grant of letters of administration ad litem. The Law of Succession Act, particularly the Fifth Schedule...
Source-derived case information.
- Citation
- [2025] KEHC 16799 (KLR)
- Parties
- Applicant: Kismik Arap Yama
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E032 of 2025
- Procedural Posture
- Succession Cause / Ruling on Petition for Special Limited Grant Ad Litem
- Outcome
- application granted
- Judges
- RN Nyakundi
- Legal Topics
- Grant of Letters of Administration, Special Grant Ad Litem, Representation of Estate, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kismik Arap Yama
Applicant
Procedural Posture
Succession Cause / Ruling on Petition for Special Limited Grant Ad Litem
Legal Issues
- 1 Whether the applicant is entitled to a special limited grant of letters of administration ad litem for the purpose of instituting or defending civil proceedings on behalf of the deceased's estate.
- 2 Whether the court should exercise its discretion to grant a limited grant for the preservation of the estate pending full administration.
Ratio Decidendi
The court found that the applicant, being the son of the deceased and seeking only to represent the estate in litigation for the purpose of preserving its assets, satisfied the requirements for a special limited grant of letters of administration ad litem. The Law of Succession Act, particularly the Fifth Schedule paragraph 14 and Section 54, empowers the court to issue such a grant where it is necessary for the estate to be represented in legal proceedings and where the person entitled to administration is unable or unwilling to act. The court exercised its discretion in favour of the applicant, noting that the grant would be strictly limited to prosecuting or defending suits for the...
Court Disposition
application granted
Orders
- Letters of grant ad litem to issue to the applicant limited to prosecuting or defending any suit for the preservation of the estate's interests and rights.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Kiplagat Chumo Cherus (Deceased) (Succession Cause E032 of 2025) [2025] KEHC 16799 (KLR) (10 February 2025) (Ruling)
Neutral citation: [2025] KEHC 16799 (KLR)
Republic of Kenya
In the High Court at Eldoret
Succession Cause E032 of 2025
RN Nyakundi, J
February 10, 2025
In the matter of
Kismik Arap Yama
Petitioner
Ruling
1. This is a petition for special grant by Kismik Arap Yamaseeking for a special Limited Grant of Letters of Administration of the estate of the late Kiplagat Chumo Cherus- domiciled in Kenya and died in 1990 at home for the sole purpose of instituting suit seeking temporary orders of injunction against all the trespassers, beneficiaries and/or their assigns restraining them from intermeddling, interfering, trespassing onto and/or in any way dealing with the deceased’s properties belonging to the estate of the late Kiplagat Chumo Cuerus (deceased)and without power of distribution of the estate. The petition is based on the following grounds:i.I intend to institute a civil suit on behalf of the estate of the deceasedii.I present this petition in my capacity as the son of the deceasediii.That a grant of administration ad litem do issue limited for the purposes of instituting a civil suit.iv.That I have no power to distribute an estate under this grant under the Grant
2. The framework of the law regarding special forms of grants- in this case grants of administration limited to suit i.e ad litem grants-is the fifth schedule paragraph 14 of the LSA which provides as follows: “ When it is necessary that the representative of a deceased person be made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree shall be made therein, and carried into complete execution.”
3. In support of the Application is an affidavit sworn dated 23. 1,2025 constituting prima facie evidence to be relied upon by this court to exercise discretion in favour of the Applicant. In addition to the 5th schedule paragraph 14 of the Law of Succession Act this court invokes Section 54 & 67 of the Act which donates powers grant of special grants of representation. Section 54 states that “ A court my according to the circumstances of each case limit any grant of representation which it has jurisdiction to make, in any of the forms described in the fifth schedule of this Act.”
4. In light of the foregoing, the following declaration be and is hereby made:a.That letters of grant ad litem be issued to the Applicant limited to the intent and purposes of prosecuting or defending any such suit which may be existing or to be initiated for the very purpose of preserving the interests and rights arising out of the estate properties which may be at risk of dissipation, wastage, unlawful transmission or conveyance before full grant of letters of grant of representation under Section 66 of the Act.b.Costs of this application be in the cause.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 10TH FEBRUARY, 2025……………………………..R. NYAKUNDIJUDGE