[2006] KEHC 247 (KLR)
The court found that the applicants had not fully complied with its previous orders to provide information regarding the deceased's indebtedness and requirements for fees and medical expenses. While some documents were presented, such as counseling attendance and fuel receipts, there was a lack of documentary...
Source-derived case information.
- Citation
- [2006] KEHC 247 (KLR)
- Parties
- Applicant: Julia Wanja Maore; Applicant: Joshua Gitonga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 2466 of 2006
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Provision of Information for Administration Ad Colligenda Bona
- Outcome
- Further consideration of the application is deferred pending provision of required information.
- Legal Topics
- Letters of Administration, Estate Management, Ad Colligenda Bona, Medical Expenses, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julia Wanja Maore
Applicant
Joshua Gitonga
Applicant
Procedural Posture
Succession Cause / Interlocutory Ruling on Provision of Information for Administration Ad Colligenda Bona
Legal Issues
- 1 Whether the applicants have provided sufficient information regarding the deceased's indebtedness and requirements for fees and medical expenses as previously ordered.
- 2 Whether further consideration of the application for letters of administration ad colligenda bona should await provision of the required information.
Ratio Decidendi
The court found that the applicants had not fully complied with its previous orders to provide information regarding the deceased's indebtedness and requirements for fees and medical expenses. While some documents were presented, such as counseling attendance and fuel receipts, there was a lack of documentary evidence for medical expenses and other required information. The court emphasized the necessity for applicants to furnish all requisite information to assist in making informed decisions concerning the estate. Consequently, the court ordered that the outstanding information must be provided before the application for letters of administration ad colligenda bona would receive further...
Court Disposition
Further consideration of the application is deferred pending provision of required information.
Orders
- Applicants to provide all information alluded to in the orders made on 23.10.06 before further consideration of the application.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
Succession Cause 2466 of 2006
IN THE MATTER OF THE ESTATE OF DR. STANLEY MAORE MUGWIKA (DECEASED)
PETITION FOR LETTERS OF ADMINISTRATION AD COLLIGENDA BONA
RULING
On 16. 10. 06 Julia Wanja Maore and Joshua Gitonga of P.O. Box 401, Maua, Meru filed the above petition in Nairobi following the death of the deceased herein reportedly at the hands of thugs on 23. 08. 06.
I granted the prayer sought to enable the applicants described as widow and nephew of the deceased, respectively, to pursue two court cases referred to at paragraph 9 (e) in the affidavit sworn by Julia Wanja Maore on 12. 1.06 in support of the petition. Thereafter I directed that information be obtained relating, inter alia, to deceased’s indebtedness and requirements for fees and medical expenses and fixed the matter for mention on 07. 11. 06. At the mention, the applicants’ counsel was able to present documents to the effect that the first applicant Julia and her children have attended Chiromo Lane Medical Centre, Nairobi for counseling following the trauma caused by the brutal killing of the late Dr Stanley Maore Mugwika. There is a prescription of drugs for Julia Maore dated 23. 10. 06 but there is no accompanying receipt for the prescribed drugs. No documentary evidence relating to medical expenses has been given. There are receipts for fuel issued in Maua, Meru amounting to about Kshs.19,600/=. None of the other information alluded to in the orders made on 23. 10. 06 has been availed.
I appreciate that this must be a difficult period for the applicants but they should make greater efforts to furnish the court with requisite information to assist it in making informed decisions on the matter at hand. I reiterate that the information alluded to in the orders made on 23. 10. 06 should be availed before the application is given further consideration. It is so ordered.
Delivered at Nairobi this 15th day of November, 2006.
B.P. KUBO
JUDGE