[2020] KEHC 9 (KLR)
The court found that since Peter Munyua Mbugua, the original holder of the Limited Grant Ad Litem, is deceased, it is necessary and just to revoke the grant previously issued to him. The court further held that Minneh Munyua, being both the wife of the deceased administrator and the mother of the deceased whose...
Source-derived case information.
- Citation
- [2020] KEHC 9 (KLR)
- Parties
- Applicant: Minneh Munyua; Respondent: Peter Munyua Mbugua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2398 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation and Re Issuance of Limited Grant Ad Litem
- Outcome
- application allowed
- Judges
- FM Mutuku
- Legal Topics
- Grant Ad Litem, Revocation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minneh Munyua
Applicant
Peter Munyua Mbugua
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation and Re Issuance of Limited Grant Ad Litem
Legal Issues
- 1 Whether the Limited Grant Ad Litem issued to Peter Munyua Mbugua should be revoked due to his death.
- 2 Whether Minneh Munyua should be issued with a Limited Grant Ad Litem to enable her prosecute Nairobi HCCC No. 55 of 2011 on behalf of the estate.
Ratio Decidendi
The court found that since Peter Munyua Mbugua, the original holder of the Limited Grant Ad Litem, is deceased, it is necessary and just to revoke the grant previously issued to him. The court further held that Minneh Munyua, being both the wife of the deceased administrator and the mother of the deceased whose estate is in question, is a suitable person to be issued with a Limited Grant Ad Litem. The grant is limited solely for the purpose of prosecuting Nairobi HCCC No. 55 of 2011 and does not confer any powers to distribute the estate. The court exercised its discretion under the Law of Succession Act to ensure the estate is properly represented in ongoing litigation.
Court Disposition
application allowed
Orders
- The Limited Grant Ad Litem issued to Peter Munyua Mbugua on 7th January 2011 is revoked.
- A Limited Grant Ad Litem in respect of the Estate of Patrick Ndai Munyua is granted to Minneh Munyua for the purpose of prosecuting Nairobi HCCC No. 55 of 2011 only.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2398 OF 2010
IN THE MATTER OF THE ESTATE OF PATRICK NDAI MUNYUA (DECEASED)
PETER MUNYUA MBUGUA........................................................................PETITIONER
VERSUS
MINNEH MUNYUA......................................APPLICANT/PROPOSED PETITIONER
RULING
Minneh Munyua, the Applicant and wife to Peter Munyua Mbugua the Petitioner in the Estate of Patrick Ndai Munyua, has brought this application by way of Chamber Summons seeking revocation and annulment of Limited Grant Ad Litem issued to Peter Munyua Mbugua on 7th day of January 2011. She further seeks to be issued with Limited Grant Ad Litem in respect of the Estate of Patrick Ndai Munyua for purposes of substitution of the Plaintiff in Nairobi High Court Civil Case No. 55 of 2011 Peter Munyua Mbugua (Suing as the administrator ad litem of the estate of Patrick Munyua) v. The Attorney General and Another. The Applicant is also mother to Patrick Munyua, deceased.
Peter Munyua who was appointed as the Administrator through the Limited Grant Ad Litem died on 21st November 2019 as per the death certificate attached to the Chamber Summons and marked “MM – 4(b).
I have considered the Chamber Summons and find it meritorious. It is necessary to grant the prayers sought to cloth the Applicant with the necessary legal capacity to take over and prosecute Nairobi HCCC No. 55 of 2011 since Peter Munyua Mbugua is deceased and unable to do so. For this reason I hereby allow the Chamber Summons dated 23rd September 2020 and revoke the Limited Grant Ad Litem issued to Peter Munyua Mbugua on7th day of January 2011. I further grant Limited Grant Ad Litem in respect of the Estate of Patrick Ndai Munyua to Minneh Munyua, the Applicant. The Grant is limited for purposes of prosecuting Nairobi HCCC No. 55 of 2011 only with no powers to distribute the estate of Patrick Ndai Munyua. Orders shall issue accordingly.
DATED, SIGNED AND DELIVERED THIS 9TH DECEMBER 2020.
S. N. Mutuku
Judge