[2024] KEHC 9131 (KLR)
The court found that the applicant, Reuben Kiprop Barsigan, had satisfied the statutory requirements for the issuance of a limited grant of letters of administration ad litem. The application was supported by the consent of all beneficiaries and necessary documentation. The court held that, in the interest of...
Source-derived case information.
- Citation
- [2024] KEHC 9131 (KLR)
- Parties
- Applicant: Reuben Kiprop Barsigan; Respondent: Estate of the Late Chesina Arap Barsigan (Deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E079 of 2024
- Procedural Posture
- Succession Cause / Ruling on Petition for Grant of Letters of Administration Ad Litem
- Outcome
- petition for grant of letters of administration ad litem allowed
- Judges
- PN Gichohi
- Legal Topics
- Letters of Administration, Ad Litem Grant, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kiprop Barsigan
Applicant
Estate of the Late Chesina Arap Barsigan (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Petition for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant should be granted letters of administration ad litem for the limited purpose of representing the deceased in a pending suit.
- 2 Whether the applicant has satisfied the legal requirements for issuance of a limited grant under the Law of Succession Act and Probate and Administration Rules.
Ratio Decidendi
The court found that the applicant, Reuben Kiprop Barsigan, had satisfied the statutory requirements for the issuance of a limited grant of letters of administration ad litem. The application was supported by the consent of all beneficiaries and necessary documentation. The court held that, in the interest of justice and to enable the estate to be represented in the pending Environment and Land Court case, it was appropriate to grant the limited letters of administration ad litem. The grant is expressly limited to representation in the specified suit and does not confer authority to distribute the estate. The court emphasized that the grant is for the sole purpose of defending and...
Court Disposition
petition for grant of letters of administration ad litem allowed
Orders
- Reuben Kiprop Barsigan is nominated as legal representative of Chesina Arap Barsigan (deceased) for purposes of representing the deceased in Environment and Land Court Eldoret ELC Case No. 208 of 2014.
- A grant of letters of administration ad litem is issued to Reuben Kiprop Barsigan for that purpose only.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of the Late Chesina Arap Barsigan (Deceased) (Succession Cause E079 of 2024) [2024] KEHC 9131 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9131 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause E079 of 2024
PN Gichohi, J
July 22, 2024
IN THE MATTER OF THE ESTATE OF THE LATE CHESINA ARAP BARSIGAN (DECEASED) THROUGH REUBEN KIPROP BARSIGAN AND IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMMINISTRATION AD LITEM BY REUBEN KIPROP BARSIGAN AND IN THE MATTER OF ECTION 67 OF THE LAW OF SUCESSION ACT CAP 160 LAWS OF KENYA PETITION FOR LETTERS OF ADMINISTRATION AD LITEM
(Under Section 54, 67 of the Law of Succession Act, Rule 36 of the Probate and Administration Rules)
Ruling
1. The Petitioner/applicant (Reuben Kiprop Barsigan) filed this Petition dated 4th June 2024 under a certificate of urgency in his capacity as the son of Chesina Arap Barsigan and seeking that he be issued with a grant of letters Administration Ad Litem for purposes continuing with the Suit being Environment and Land Court at Eldoret being ELC No. 208 of 2014 where the Deceased was the 1st Defendant. He believes that the suit property in question forms part of the estate of the deceased.
2. In support of the Petition, is an Affidavit which he swore on 4th June 2024 where he has annexed several documents including a signed consent by other beneficiaries including his mother (widow of the deceased) and his siblings (sons and daughters of the deceased), the letter from the area Chief, the death certificate and a Chamber Summons in the said Environment and Land Court at Eldoret being ELC No. 208 of 2014.
Determination 3. This Court has considered the Petition , affidavit in support and annextures thereto. Section 54 of the Law of Succession Cap 160 Laws of Kenya provides that:-“A court may, 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 to this Act.”
4. Further, Rule 36 of the Probate and Administration Rules provides that:-1. Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate of the deceased.
2. Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made.
5. However, what is clear is that the Petitioner is seeking a Grant Ad Litem for purposes of representing continuing with and defending the deceased in a suit that is pending in court. There being a consensus by all the beneficiaries, then it would be in the interest of justice to allow the petition the circumstances pertaining thereto and only for the purpose sought.
6. This Court therefore makes the following orders:-1. Reuben Kiprop Barsigan be and is hereby nominated as a legal representative of Chesina Arap Barsigan (deceased) for purposes of representing the deceased in Environment and Land Court being Eldoret ELC Case No. 208 of 2014. 2.A Grant of letters of Administration Ad Litem be and is hereby issued to him for that purpose only.3. For avoidance of doubt, the said Grant does not grant Reuben Kiprop Barsigan power of distribution of the estate of the deceased.4. There are no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 22ND DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Reuben Kiprop Barsigan - PetitionerRuto- Court Assistant