[2012] KEHC 5679 (KLR)
The court found that the applicant, being the widow of the deceased, is a proper person to be entrusted with the limited grant ad colligenda bona. The application was unopposed and the court was satisfied that the requirements under Section 67 of the Law of Succession Act were met. The grant is necessary to ensure...
Source-derived case information.
- Citation
- [2012] KEHC 5679 (KLR)
- Parties
- Applicant: Sophia Ogolla Ouma; Respondent: John Ouma Oketch (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 180 of 2012
- Procedural Posture
- Succession Cause / Ruling on Petition for Grant Ad Colligenda Bona
- Outcome
- application allowed
- Judges
- D Schofield
- Legal Topics
- Succession, Grant Ad Colligenda Bona, Estate Preservation
- 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
Sophia Ogolla Ouma
Applicant
John Ouma Oketch (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Petition for Grant Ad Colligenda Bona
Legal Issues
- 1 Whether the applicant is entitled to a grant ad colligenda bona for the collection and preservation of the deceased's estate.
Ratio Decidendi
The court found that the applicant, being the widow of the deceased, is a proper person to be entrusted with the limited grant ad colligenda bona. The application was unopposed and the court was satisfied that the requirements under Section 67 of the Law of Succession Act were met. The grant is necessary to ensure the collection and preservation of the estate assets until a full grant of representation is made. Accordingly, the court allowed the application and ordered that a grant ad colligenda bona be issued to the applicant.
Court Disposition
application allowed
Orders
- A grant ad colligenda bona limited to collection and preservation of the estate of John Ouma Oketch to be issued to Sophia Ogolla Ouma.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
SUCCESSION CAUSE NO. 180 OF 2012
PETITION FOR LETTER OF ADMINISTRATION
AD COLLIGENDA BONA
UNDER SECTION 67 OF THE ACT
IN THE MATTER OF THE ESTATE OF JOHN OUMA OKETCH (DECEASED)
RULING
I have perused the Petition made by SOPHIA OGOLLA OUMA for a Grant ad Colligena Bona Limited to collection of the Estate of the deceased and preservation of the Estate and until further representation is granted. The Applicant is the widow of the deceased, John Ouma Oketch.
I am satisfied that the grant sought may be made to the Applicant. Accordingly, I allow the Application and order that a Grant ad Colligenda Bona may be made to her.
Dated at Milimani Law Courts, Nairobi, this 17th day of February 2012.
G.B.M. KARIUKI, SC
JUDGE
COUNSEL APPEARING
Mr. M. Muriuki Advocate for the Administrator
Mr. Kugwa - Court Clerk