[2022] KEHC 13859 (KLR)

[2022] KEHC 13859 (KLR)

The court held that the requirements for a grant ad litem under paragraph 14 of the fifth schedule to the Law of Succession Act were satisfied: there was a pending suit, the deceased was a party, and no entitled person had applied for administration. The technical objections raised by the respondent regarding service, affidavit formalities, and citation were found not to go to the substance of the matter. The court found that the applicant was entitled to seek the grant ad litem to ensure the continuation of the pending suit and that the respondent, as the deceased's son, was a suitable nominee. The court further held that the existence or merits of the underlying property dispute were...

Citation
[2022] KEHC 13859 (KLR)
Parties
Applicant: Lucy Mwihiki Macharia; Respondent: Solomon Njenga Githendu
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
11 October 2022
Case Number
Probate & Administration E0015 of 2021
Procedural Posture
Probate and Administration / Ruling on Application to Revoke Grant Ad Litem
Outcome
Grant ad litem upheld for ninety days with directions for further action.
Judges
RM Mwongo
Legal Topics
Limited Grants, Ad Litem Administration, Succession Procedure, Citation Requirements
Source Language
English
Family and Children Limited Grants Ad Litem Administration Succession Procedure Citation Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Lucy Mwihiki Macharia

Applicant

Solomon Njenga Githendu

Respondent

Procedural Posture

Probate and Administration / Ruling on Application to Revoke Grant Ad Litem

Legal Issues

  1. 1 Whether the grant ad litem issued to the respondent should be revoked or upheld.
  2. 2 Whether the applicant had legal capacity to apply for the grant ad litem.
  3. 3 Whether the power of attorney relied upon lapsed upon the deceased's death.

Ratio Decidendi

The court held that the requirements for a grant ad litem under paragraph 14 of the fifth schedule to the Law of Succession Act were satisfied: there was a pending suit, the deceased was a party, and no entitled person had applied for administration. The technical objections raised by the respondent regarding service, affidavit formalities, and citation were found not to go to the substance of the matter. The court found that the applicant was entitled to seek the grant ad litem to ensure the continuation of the pending suit and that the respondent, as the deceased's son, was a suitable nominee. The court further held that the existence or merits of the underlying property dispute were...

Court Disposition

Grant ad litem upheld for ninety days with directions for further action.

Orders

  • The letters of grant ad litem issued on October 21, 2021 are upheld for ninety days to enable the respondent to file or cause to be filed a petition for grant of letters of administration or a citation.
  • If after ninety days the grantee has not filed or caused to be filed a citation or petition, the grant ad litem shall continue to be in force.