[2024] KEHC 12359 (KLR)
The court found that although the application for a limited grant ad litem was not urgent, the applicant had obtained the necessary consents from all siblings, who are the children of the deceased objector. There was no prejudice to any party in granting the limited grant for the specific purpose of substitution in...
Source-derived case information.
- Citation
- [2024] KEHC 12359 (KLR)
- Parties
- Applicant: Alfred Omondi Nyabwanda; Objector: Tobias Nyabwanda Odera (deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E028 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Limited Grant Ad Litem
- Outcome
- application for limited grant ad litem granted; urgency declined; file closed
- Judges
- RE Aburili
- Legal Topics
- Limited Grant Ad Litem, Substitution of Parties, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Omondi Nyabwanda
Applicant
Tobias Nyabwanda Odera (deceased)
Objector
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Limited Grant Ad Litem
Legal Issues
- 1 Whether the applicant should be granted a limited grant of letters of administration ad litem to substitute the deceased objector in ongoing succession proceedings.
- 2 Whether the application for urgency is justified given the lapse of time since the death of the objector.
Ratio Decidendi
The court found that although the application for a limited grant ad litem was not urgent, the applicant had obtained the necessary consents from all siblings, who are the children of the deceased objector. There was no prejudice to any party in granting the limited grant for the specific purpose of substitution in the ongoing succession proceedings. The court therefore granted the limited grant ad litem to the applicant, strictly for the purpose of representing the deceased objector in Nairobi Succession Cause No. 877 of 2014, and expressly excluded any authority to administer the estate of the deceased objector himself.
Court Disposition
application for limited grant ad litem granted; urgency declined; file closed
Orders
- A limited grant of letters of administration ad litem is granted to Alfred Omondi Nyabwanda for purposes of substitution as objector in Nairobi Succession Cause No. 877 of 2014.
- The limited grant shall not be used for any other purpose other than substitution in the stated proceedings.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Tobias Nyabwanda Odera (Deceased) (Miscellaneous Succession Cause E028 of 2024) [2024] KEHC 12359 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12359 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E028 of 2024
RE Aburili, J
October 15, 2024
IN THE MATTER OF THE ESTATE OF TOBIAS NYABWANDA ODERA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY ALFRED OMONDI NYABWANDA - APPLICANT
Ruling
1. The application for limited grant dated 7th October 2024 is filed under Certificate of Urgency. I observe that the deceased who is sought to be replaced as an objector in Succession proceedings died on 30th January 2024. There is therefore no urgency 9 months later. I decline to certify the matter as urgent.
2. Nonetheless, as the application is for a limited grant to enable the Applicant be substituted for the deceased Objector in Nairobi HC Succession Cause No. 877 of 2014 the Estate of Helena Aboge Oyuga, I find no prejudice if the application is granted as the Applicant’s siblings who are all children of the Objector Tobias Nyabwanda Odera in the above cause have signed consents to allow the Applicant be their later father’s substitute.
3. I hereby grant to the Applicant Alfred Omondo Nyabwanda a limited grant of letters of Administration Ad Litem, limited for purposes of being substituted as an objector in Nairobi Succession Cause No. 877 of 2014 in the place of the deceased Objector Tobias Nyabwanda Odera, in respect of objection proceedings regarding the estate of Helena Aboge Oyuga.
4. The limited grant shall not be used for any other purpose other than that stated hereinabove. It excludes administration of the estate of the deceased Tobias Nyabwanda Odera.
5. Formal limited grant ad litem to issue.
6. I so order
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE