[2013] KEHC 5257 (KLR)
The court found that there was an urgent need for the family to access funds held in the deceased's account to accomplish outstanding tasks and avoid hardship. The judge determined that it was prudent to facilitate access to these funds by issuing a special limited grant to the applicant, pending the hearing and...
Source-derived case information.
- Citation
- [2013] KEHC 5257 (KLR)
- Parties
- Applicant: Loise Wacheke Gategwa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3062 of 2012
- Procedural Posture
- Succession Cause / Ruling on Petition for Special Limited Grant
- Outcome
- Special limited grant of letters of administration intestate issued to the applicant as prayed.
- Legal Topics
- Grant of Letters of Administration, Special Limited Grant, Estate Management
- 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
Loise Wacheke Gategwa
Applicant
Procedural Posture
Succession Cause / Ruling on Petition for Special Limited Grant
Legal Issues
- 1 Whether a special limited grant of letters of administration intestate should be issued to the applicant to access funds for urgent family needs pending the hearing of a full grant.
Ratio Decidendi
The court found that there was an urgent need for the family to access funds held in the deceased's account to accomplish outstanding tasks and avoid hardship. The judge determined that it was prudent to facilitate access to these funds by issuing a special limited grant to the applicant, pending the hearing and determination of the full grant application. The decision was based on the need to protect the welfare of the deceased's family and ensure that urgent financial needs are met in the interim period before the full administration of the estate is resolved.
Court Disposition
Special limited grant of letters of administration intestate issued to the applicant as prayed.
Orders
- A special limited grant of letters of administration intestate is made to Loise Wacheke Gategwa to the extent set out in the petition filed on 19th December 2012.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Succession Cause 3062 of 2012 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
IN THE MATTER OF THE ESTATE OF GABRIEL WAINAINA KINUTHIA -DECEASED
24th January 2013
Coram: Musyoka J.
C.C. - Ruto
RULING
I have perused the papers filed in supporting the petition for special limited grant letters of administration intestate. I have also heard counsel for the petition in his arguments in support of the petition. It would appear that there is urgent need for funds to accomplish a number of outstanding tasks. The family is likely to be exposed to hardship should they be unable to access funds as a matter of urgency. It seems that there is some money sitting in an account with Equity Bank. To ease the burden on the Family it may be prudent to facilitate access to these funds pending the hearing of a full grant.
Having taken everything into account, I direct that a special limited grant be made to the petitioner. Loise Wacheke Gategwa to the extent set out in the undated petition filed in court on the 19th December 2012.
Musyoka J
24/1/2013