[2016] KEHC 7088 (KLR)
The court found that the applicant had demonstrated sufficient cause for the extension of the Letters of Administration Ad Litem, as the letters expired before the applicant could file the suit in the High Court as directed by the lower court. The court exercised its discretion under the relevant statutory...
Source-derived case information.
- Citation
- [2016] KEHC 7088 (KLR)
- Parties
- Applicant: Redemta Akinyi Ogambo; Applicant: Mary Ounga Ndeda
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 861 of 2014
- Procedural Posture
- Succession Cause / Ruling on Ex Parte Application for Extension of Letters of Administration Ad Litem
- Outcome
- application allowed
- Legal Topics
- Succession, Letters of Administration, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Redemta Akinyi Ogambo
Applicant
Mary Ounga Ndeda
Applicant
Procedural Posture
Succession Cause / Ruling on Ex Parte Application for Extension of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant is entitled to an extension of the Letters of Administration Ad Litem after their expiry.
- 2 Whether the court has jurisdiction to grant the extension under the Law of Succession Act and Probate and Administration Rules.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the extension of the Letters of Administration Ad Litem, as the letters expired before the applicant could file the suit in the High Court as directed by the lower court. The court exercised its discretion under the relevant statutory provisions and rules, finding the application meritorious and allowing the extension sought.
Court Disposition
application allowed
Orders
- The Letters of Administration Ad Litem issued on 25th September 2015 are hereby extended as prayed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
SUCCESSION CAUSE NO. 861 OF 2014
IN THE MATTER OF THE ESTATE OF RAPHAEL OPELL KINDA KINDA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY REDEMTA AKINYI OGAMBO
AND MARY OUNGA NDEDA
RULING
By the summons dated 18th May 2015 the applicant seeks an order for extension of the Letters of Administration Ad Litem issued by this Court on 25th September 2015. The gist of the application is that the said letters expired before they could file the suit in the High Court as directed by the lower court in Siaya SPM ELC No. 14 of 2014.
The application is made exparte under Sections 47 and 54 of the Law of Succession Act and rules 49, 67 and 73 of the Probate and Administration Rules.
I have considered the grounds on the face of the application, the supporting affidavit and the provisions of the law cited and I am satisfied that the application has merit. The same is allowed.
E. N. MAINA
JUDGE
28/1/2016
Signed, dated and delivered in open Court this 28th day of January 2016
in presence of:-
Mr. Nyanga for Wakla for Plaintiff
CC: Felix