[2025] KEHC 4700 (KLR)
The court found that the deceased was a respondent in a pending civil appeal and that no succession proceedings had been initiated nor a legal representative appointed. The Citee, being a son and beneficiary, was properly served with a citation but failed to respond or object. In accordance with Rule 22 of the...
Source-derived case information.
- Citation
- [2025] KEHC 4700 (KLR)
- Parties
- Applicant: Ignatius Maina Nduru; Respondent: Elijah Mahianyu Thuita
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Citation Cause E008 of 2024
- Procedural Posture
- Citation Cause / Ruling on Citation Application for Grant of Letters of Administration Ad Litem
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Probate and Administration, Letters of Administration, Substitution of Parties, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ignatius Maina Nduru
Applicant
Elijah Mahianyu Thuita
Respondent
Procedural Posture
Citation Cause / Ruling on Citation Application for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the Citee should be compelled to accept or refuse to take out letters of administration ad-litem for the estate of the deceased.
- 2 Whether the applicant is entitled to have the Citee appointed as legal representative for purposes of substitution in a pending civil appeal.
Ratio Decidendi
The court found that the deceased was a respondent in a pending civil appeal and that no succession proceedings had been initiated nor a legal representative appointed. The Citee, being a son and beneficiary, was properly served with a citation but failed to respond or object. In accordance with Rule 22 of the Probate and Administration Rules, the court exercised its discretion to nominate the Citee and grant him letters of administration ad-litem limited to substitution in the civil matter, thereby enabling the continuation of the appeal and protecting the interests of the estate.
Court Disposition
application allowed
Orders
- The Citee, Elijah Mahianyu Thuita, is nominated and granted letters of administration ad-litem of the estate of the deceased limited to substitution in Nakuru Civil Appeal No. 290 of 2019.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of the Late Teresiah Wangui Thuita (Deceased) (Citation Cause E008 of 2024) [2025] KEHC 4700 (KLR) (8 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4700 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Citation Cause E008 of 2024
LN Mutende, J
April 8, 2025
IN THE MATTER OF THE ESTATE OF THE LATE TERESIAH WANGUI THUITA (DECEASED)
Between
Ignatius Maina Nduru
Citor
and
Elijah Mahianyu Thuita
Citee
Ruling
1. Ignatius Maina Nduru, the Citor, approached this court through an application dated 23rd August, 2024 seeking a citation to issue against the Citee Elijah Mahianyu Thuita to accept or refuse to take out Letters of Administration Ad-Litem of the Estate of Teresiah Wangui Thuita (Deceased) so as to be substituted as Respondent in Nakuru Civil Appeal No. 290 of 2019 between the Citor and the deceased.
2. The application is premised on grounds that the deceased died intestate domiciled at Silibwet Location in Nyandarua County. At the time of her demise she was a Respondent in Nakuru Civil Appeal No. 290 of 2019. That the Citee is known son and beneficiary of the estate of the deceased and there is need for substitution of the deceased Respondent in the matter.
3. That since the Respondent passed on, no succession proceedings have been initiated, hence there has been no appointment of a legal representative in respect of the deceased’s estate.
4. The Citee herein was served with the citation to accept or refuse to take out a grant as provided by Rule 22 of the Probate and Administration Rules. He neither responded nor appeared in court to object to the appointment as the legal representative of the deceased.
5. That being the case, I do nominate the Citee Elijah Mahianyu Thuita and grant him letters of Administration Ad-litem of the Estate of the deceased limited to substitution in the Civil Matter.
6. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 8TH DAY OF APRIL, 2025. L.N. MUTENDEJUDGE