[2024] KEHC 1171 (KLR)
The court found that the applicant, being the daughter of the deceased and having obtained the consent of the other children, had satisfied the requirements for the issuance of a special limited grant. The court held that it is in the interest of justice that the applicant be allowed to prosecute Meru ELC Case No....
Source-derived case information.
- Citation
- [2024] KEHC 1171 (KLR)
- Parties
- Applicant: Milichelina Kamami Ndeke
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E019 of 2023
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Special Limited Grant
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Limited Grant of Letters of Administration, Representation of Deceased in Pending Suit, Succession Procedure, Interests of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milichelina Kamami Ndeke
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Special Limited Grant
Legal Issues
- 1 Whether a special limited grant should be issued to enable the applicant prosecute a pending suit on behalf of the deceased.
- 2 Whether the applicant has satisfied the legal requirements for issuance of a special limited grant.
Ratio Decidendi
The court found that the applicant, being the daughter of the deceased and having obtained the consent of the other children, had satisfied the requirements for the issuance of a special limited grant. The court held that it is in the interest of justice that the applicant be allowed to prosecute Meru ELC Case No. E016 of 2022 on behalf of her deceased mother so that her interests in the pending suit can be properly represented. The special limited grant is restricted solely to the prosecution of the said case and does not authorize the applicant to deal with any property of the deceased.
Court Disposition
application allowed
Orders
- A special limited grant is made to Milichelina Kamami Ndeke for the purposes only of proceeding with Meru ELC Case No. E016 of 2022 on behalf of Margrate Kanini Kiriamburi (deceased).
- The special limited grant does not authorize any action on any property of the deceased.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Margrate Kanini Kiriamburi (Deceased) (Miscellaneous Succession Cause E019 of 2023) [2024] KEHC 1171 (KLR) (8 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1171 (KLR)
Republic of Kenya
In the High Court at Meru
Miscellaneous Succession Cause E019 of 2023
TW Cherere, J
February 8, 2024
IN THE MATTER OF THE ESTATE OF MARGRATE KANINI KIRIAMBURI (DECEASED)
In the matter of
Milichelina Kamami Ndeke
Applicant
Ruling
1. Milichelina Kamami Ndeke (Applicant) seeks a special limited grant to enable her prosecute Meru ELC Case No. E016 of 2022 in which Margrate Kanini Kiriamburi who died on 07th June, 2023 was sued as the 2nd Plaintiff.
2. In support of the petition, Applicant has annexed chief’s letter dated 15th June, 2023 confirming that she daughter to Margrate Kanini Kiriamburi (Deceased), deceased’s certificate of death, consent signed by deceased’s children on 29th January, 2024 and a copy of the pleadings filed in Meru ELC Case No. E016 of 2022 in which deceased is named as 2nd Plaintiff.
3. The court had considered that it is in the interest of justice that Applicant be allowed to prosecute Meru ELC Case No. E016 of 2022 on behalf of her deceased mother so that her interests can be ventilated.
4. Accordingly, for the reasons set out above, this Court makes the following orders: -1. A special limited grant is made to Milichelina Kamami Ndeke (Applicant) for the purposes only of proceeding with Meru ELC Case No. E016 of 2022 on behalf of Margrate Kanini Kiriamburi (Deceased)2. The special limited grant does not authorise any action on any property of the deceased.3. Costs in the cause.
DATED AT MERU THIS 08TH DAY OF FEBRUARY 2024WAMAE. T. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant -Mr. Kirimi for Waklaw Advocates