[2018] KEHC 8730 (KLR)
The court determined that since the Kisumu Children’s Court had, by its judgment of 5th June 2017, granted custody of the child to Agape Children’s Ministry, and there was no evidence that this order had been reviewed or set aside, the ad litem grant should be issued to Agape Children’s Ministry. The applicant...
Source-derived case information.
- Citation
- [2018] KEHC 8730 (KLR)
- Parties
- Applicant: K A A; Respondent: B O O
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1173 of 2014
- Procedural Posture
- Succession Cause / Directions on Application for Revocation of Grant
- Outcome
- ad litem grant to be issued to Agape Children’s Ministry until further order
- Judges
- TW Cherere
- Legal Topics
- Custody of Children, Letters of Administration, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
K A A
Applicant
B O O
Respondent
Procedural Posture
Succession Cause / Directions on Application for Revocation of Grant
Legal Issues
- 1 Whether the ad litem grant should be revoked from the respondent and issued to another party.
- 2 Whether there is evidence that custody of the child was granted to the applicant.
Ratio Decidendi
The court determined that since the Kisumu Children’s Court had, by its judgment of 5th June 2017, granted custody of the child to Agape Children’s Ministry, and there was no evidence that this order had been reviewed or set aside, the ad litem grant should be issued to Agape Children’s Ministry. The applicant failed to provide any court order showing that custody had been granted to him. Therefore, the status quo as per the Children’s Court order must be maintained until such time as the order is reviewed or set aside.
Court Disposition
ad litem grant to be issued to Agape Children’s Ministry until further order
Orders
- Until such a time when the orders issued in Kisumu Children’s Court Case No. 19 of 2015 on 5th June 2017 are reviewed and/or set aside, the ad litem grant shall be issued to Agape Children’s Ministry to whom custody of the child was granted.
- Either party is at liberty to apply.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
SUCCESSION CAUSE NO. 1173 OF 2014
IN THE MATTER OF THE ESTATE OF W A A
K A A….………..APPLICANT
VERSUS
B O O......…...RESPONDENT
DIRECTIONS
1. The deceased to whose Estate these proceedings relate died on 9th March, 2012 while domiciled in Kenya. Limited Grant of Letters of Administration Ad Litem Letters were issued to her widower B O O, (the Respondent), on 23rd January, 2015 for the purposes only for filing suit.
2. On 20th May, 2016, the respondent filed Kisumu Chief Magistrate’s Civil Case No. 116 of 2015, on his own behalf and on behalf of the deceased’s daughter R O A (the child), seeking damages arising out of the deceased’s death.
3. By a ruling delivered on 27th June 2016, the High Court ruled that the ad litem grant shall issue to the person who shall be granted custody of the child in Kisumu Children’s Court Case No. 19 of 2015.
4. . Subsequently, by a judgment delivered on 5th June 2017, the Kisumu Children’s Court Case No. 19 of 2015 dismissed K A A’s(the applicant) suit seeking legal custody of the child and granted custody to Agape Children’s Ministry.
5. When the parties’ advocates appeared before me for directions on 4th December 2017, I directed the parties to file submissions for directions on the application for revocation of the grant issue to the respondent.
6. The respondent did not file submissions. The petitioner submitted that Agape Children’s Ministry was reluctant to take up custody of the child and that the court had ordered the petitioner to have custody of the minor. The petitioner did not however annex any court order granting custody to him. There is no evidence that the Children’s court in Kisumu Children’s Court Case No. 19 of 2015 had reviewed its orders of 5th June 2017.
Orders
Consequently, the court makes the following orders:
1. Until such a time when the orders issued in Kisumu Children’s Court Case No. 19 of 2015 on 5th June 2017 are reviewed and/or set aside, the ad litem grant shall be issued to Agape Children’s Ministry to whom custody of the child was granted
2. Either party is at liberty to apply
DATED AND DELIVERED THIS 25th DAY OF January 2018
T. W. CHERERE
JUDGE
In the presence of:
Court Assistant -Felix
Applicant -
Respondents -