[2023] KEHC 2928 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the issuance of a limited grant of letters of administration ad litem, as the estate of the deceased was involved in ongoing litigation in specified cases. The court held that such a grant is appropriate where it is limited strictly to...
Source-derived case information.
- Citation
- [2023] KEHC 2928 (KLR)
- Parties
- Applicant: Jiten Narendra Chaganlal; Respondent: Estate of Narendra Chaganlal Solanki (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E003 of 2023
- Procedural Posture
- Succession Cause / Ruling on Application for Limited Grant of Letters of Administration Ad Litem
- Outcome
- application granted
- Judges
- RE Aburili
- Legal Topics
- Letters of Administration, Limited Grant Ad Litem, Estate Management, Probate Procedure
- 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
Jiten Narendra Chaganlal
Applicant
Estate of Narendra Chaganlal Solanki (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Limited 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 prosecuting pending suits on behalf of the deceased's estate.
- 2 Whether the limited grant should exclude powers to distribute or transfer the estate property.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the issuance of a limited grant of letters of administration ad litem, as the estate of the deceased was involved in ongoing litigation in specified cases. The court held that such a grant is appropriate where it is limited strictly to prosecuting or defending suits on behalf of the estate, and does not extend to administration or distribution of the estate property. The application was therefore merited and granted, with the express condition that the limited grant is not to be used for any purpose other than the prosecution of the identified suits. The court further clarified that the grant does not authorize the...
Court Disposition
application granted
Orders
- A limited grant of letters of administration ad litem is issued to Jiten Narendra Chaganlal for the estate of Narendra Chaganlal Solanki, limited to prosecuting Kisumu HCC No 90 of 2003, Kisumu HCCA No 82 of 2021, and any related orders involving Kisumu CMCC No 44 of 2011.
- The limited grant shall not be used to administer or transfer any property in the estate of the deceased.
Full Case Text
Judgment text and source record
20 paragraphs
In re Narendra Chaganlal Solanki (Deceased) (Succession Cause E003 of 2023) [2023] KEHC 2928 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2928 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E003 of 2023
RE Aburili, J
March 24, 2023
IN THE MATTER OF THE ESTATE OF: NARENDRA CHAGANLAL SOLANKI (DECEASED)
In the matter of
Jiten Narendra Chaganlal
Petitioner
Ruling
1. The Petitioner herein Jiten Narendra Chaganlal by his Petition for Letters of Administration ad litem dated 18th February 2023 seeks for limited grant of letters of administration ad litem, limited to prosecuting suits namely Kisumu HCCA No 82 of 2021 and Kisumu HCC No 90 of 2003 and without power to distribute the estate of the deceased Narendra Chaganlal Solanki who died on 18th June 2022.
2. I have perused the application, the grounds in support and supporting affidavit and annextures thereto. I find the application merited. I grant the orders sought in the application and order that a grant of letters of administration ad litem do and is hereby issued to the applicant Jiten Narendra Chaganlal in respect of the estate of the deceased Narendra Chaganlal Solanki limited to prosecuting cases pending in court namely Kisumu HCC No 90 of 2003 and Kisumu HCCA No 82 of 2021 arising from the therefore including Kisumu CMCC No 44 of 2011 in the event that any orders are made by the High Court requiring the Applicant to do any act involving the matter in Kisumu CMCC No 44 of 2011 between Narendra Chaganlal Solanki vs Dhaneswar Monji Pandya.
3. This limited grant shall not be used to administer the estate of the deceased or to transfer any property in the estate of the deceased Narendra Chaganlal Solanki.
4. Limited grant ad litem with attendant conditions to issue.
5. Parties to be notified forthwith.
6. This file is now closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE