[2016] KEHC 3111 (KLR)
The court found that the applicant's request for a limited grant of letters of administration ad litem was not proper in the circumstances. The Law of Succession Act prescribes that a full succession cause must be filed to ascertain the rightful beneficiaries and creditors before any grant can be made. The limited...
Source-derived case information.
- Citation
- [2016] KEHC 3111 (KLR)
- Parties
- Applicant: Lucy Wanjiru Ndambiri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 119 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Grant of Letters of Administration Ad Litem
- Outcome
- application dismissed
- Legal Topics
- Succession Procedure, Limited Grant, Letters of Administration, Dependant Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wanjiru Ndambiri
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant is entitled to a limited grant of letters of administration ad litem for the purpose of accessing the deceased's bank account.
- 2 Whether the proper procedure under the Law of Succession Act has been followed.
Ratio Decidendi
The court found that the applicant's request for a limited grant of letters of administration ad litem was not proper in the circumstances. The Law of Succession Act prescribes that a full succession cause must be filed to ascertain the rightful beneficiaries and creditors before any grant can be made. The limited grant procedure is not intended for general access to estate assets, such as bank accounts, but rather for specific, limited purposes. The court acknowledged that it had previously granted the application ex parte by mistake and corrected this by dismissing the application through a written ruling. The applicant must follow the proper succession procedure to access the estate...
Court Disposition
application dismissed
Orders
- The petitioner's application for a limited grant of letters of administration ad litem is dismissed.
- There will be no orders as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC P & A 119 OF 2016
IN THE MATTER OF THE ESTATE OF THOMAS NDAMBIRI KARIUKI (DECEASED)
LUCY WANJIRU NDAMBIRI........................................................APPLICANT
EX PARTERULING
1. This is anex-parte application by the petitioner seeking a grant of letters of administration ad litem in respect of the estate of her deceased husband. According to the petitioner, she seeks the order to authorize her to have access to the bank account of her deceased husband, in which are deposited sums of money, which she has deponed are proceeds of the pension of her husband. She has further deponed in the supporting affidavit that she was informed by Equity Bank, Embu branch, that it was necessary for her to obtain a limited grant for purposes of operating the bank account of her husband.
2. Furthermore, she has also deponed that she was a dependent of her deceased husband and is necessary for her to have access to that account to support herself and her family. Finally, she has deponed that she will operate the account very diligently.
3. I have considered her affidavit evidence in support of her petition. I find that this is not a proper case for granting a limited grant of letters of administration intestate. It is a cause where the petitioner needs to file a succession cause in respect of her deceased husband. This is the procedure that is authorized by the Law of Succession Act (Cap 160) Laws of Kenya. The procedure authorized by the Law of Succession Act is intended to protect the rightful beneficiaries of the estate as well as creditors. And this can only be done after having been ascertained in the authorized manner. I must point out that I had earlier on on 10th August 2016 granted the application ex parte by mistake, which I thought was necessary to be corrected by a written ruling as I have now done.
4. The petitioner's application is hereby dismissed.
5. There will be no orders to costs.
6. Orders accordingly.
J. M. BWONWONGA
JUDGE
07/09/2016