[2008] KEHC 2711 (KLR)
The court found that the applicant had established sufficient grounds for the issuance of letters of administration ad-litem, as the deceased was survived by dependants and damages were to be recovered for the benefit of the estate. The grant was limited strictly to the purpose of filing suit, as requested in the...
Source-derived case information.
- Citation
- [2008] KEHC 2711 (KLR)
- Parties
- Applicant: Benedict Mwanga Wambua; Respondent: Estate of Bridget Mukeli Wambua
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Letters of Administration Ad Litem
- Outcome
- application granted
- Judges
- CA Ombija
- Legal Topics
- Probate and Administration, Letters of Administration Ad Litem, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benedict Mwanga Wambua
Applicant
Estate of Bridget Mukeli Wambua
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant is entitled to letters of administration ad-litem for the estate of the deceased for the limited purpose of filing suit.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for the issuance of letters of administration ad-litem, as the deceased was survived by dependants and damages were to be recovered for the benefit of the estate. The grant was limited strictly to the purpose of filing suit, as requested in the application. The court was satisfied that the requirements for such a limited grant had been met and accordingly allowed the application.
Court Disposition
application granted
Orders
- Letters of administration ad-litem are granted to the applicant limited to the purpose of filing suit only.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI
Cause 1 of 2008
IN THE MATTER OF THE ESTATE OFBRIDGET MUKELI WAMBUA
R U L I N G
By a Petition in Form (90)B of the Probate and Administration, the applicant sought orders of issuance of letters of administration ad-litem in respect of the estate of Bridget Mukeli Wambua (deceased).
The application is supported by the annexed affidavit of Benedict Mwanga Wambua sworn on 6th February 2008.
For avoidance of doubt the prayer is specific: The grant of the letters ad-litem is limited for the purpose of filing suit only.
I have scanned through the application and find that the applicant died on 26th September 2006 at Malindi. He is survived by six (6) dependants itemized in the application. Damages are to be recovered for the benefit of the estate.
In those circumstances, I find that the application is merited. Accordingly the order sought is granted limited to filing suit only.
DATED and delivered at Malindi this 22nd day of May 2008.
N. R. O. Ombija
JUDGE