[2014] KEHC 408 (KLR)
The court determined that, although the correct procedure would have been for the applicant to apply for Grant of Letters of Administration Ad Litem independently, Article 159 of the Constitution mandates the court to focus on substantial justice rather than procedural technicalities. Therefore, the court exercised...
Source-derived case information.
- Citation
- [2014] KEHC 408 (KLR)
- Parties
- Applicant: Benson Thairu Kiambo; Petitioner: John Njoani Kaburu; Respondent: Mary Muthoni Watatwa
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 367 of 2004
- Procedural Posture
- Succession Cause / Ruling on Application for Grant of Letters of Administration Ad Litem
- Outcome
- application allowed
- Legal Topics
- Grant of Letters of Administration, Substitution of Parties, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Thairu Kiambo
Applicant
John Njoani Kaburu
Petitioner
Mary Muthoni Watatwa
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Grant of Letters of Administration Ad Litem
Legal Issues
- 1 Whether the applicant should be granted Letters of Administration Ad Litem for the estate of John Njoani Kaburu for purposes of substitution in this cause.
- 2 Whether the application for substitution must be made independently or within the current cause.
Ratio Decidendi
The court determined that, although the correct procedure would have been for the applicant to apply for Grant of Letters of Administration Ad Litem independently, Article 159 of the Constitution mandates the court to focus on substantial justice rather than procedural technicalities. Therefore, the court exercised its discretion to allow the application as filed and granted the Letters of Administration Ad Litem to the applicant, limited to the purpose of substituting the petitioner in this cause.
Court Disposition
application allowed
Orders
- The application dated 27th February 2014 is allowed.
- Grant of Letters of Administration Ad Litem is issued to the applicant, limited for the purpose of substitution as petitioner in place of John Njoani Kaburu in this cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO.367 OF 2004
IN THE MATTER OF THE ESTATE OF:
JOHN NJOANI KABURU ….................................. DECEASED
VERSUS
BENSON THAIRU KIAMBO …........ APPLICANT/PETITIONER
RULING
By an application under certificate of urgency dated 27th February 2014 the applicant Benson Thairu Kiambo sought for Grant of Letters of Administration of the estate ofJohn Njoani Kaburuwho is the petitioner herein.
I must point out that this cause is in respect of the Estate of Kaburu Muriithiwherein the petitioner was John Joani Kaburu and the objector Mary Muthoni Watatwa.
This court has stated before that the procedure to be followed would be for the applicant to apply for Grant of Letters of Administration Ad Litem for the Estate of John Njoani Kaburu independently for purposes of substitution in this cause without making the application in the cause where substittuion is sought.
However in view of the provision of Article 159 of the Constitution of Kenya where now the court is required to look at substantial justice, I hereby allow the application dated 27th February 2014 and Grant Letters of Administration Ad Litem to the petitioner herein limited for the purposes of substituting the same in this cause as a petitioner in place of JOHN NJOANI KABURU.
Signed and dated this day of 2014
J. WAKIAGA
JUDGE.
Delivered by Justice J. Ngaah on behalf of Justice J. Wakiaga this 18th day of December ,2014
J. NGAAH
JUDGE.
In the presence of:
----------------------------------------- for Applicant/Petitioner