[2005] KEHC 2369 (KLR)
The court held that, pursuant to section 58 of the Law of Succession Act, where minor children are dependants of a deceased, any suit brought on behalf of the estate must be instituted by at least two administrators or legal representatives. This requirement is intended to safeguard the interests of the minors and...
Source-derived case information.
- Citation
- [2005] KEHC 2369 (KLR)
- Parties
- Plaintiff: Veronicah Mwikali Mwangangai; Defendant: Daniel Kyalo Musyoka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 867 of 2004
- Procedural Posture
- Civil Case / Ruling on Preliminary Objection Regarding Locus Standi of Legal Representative
- Outcome
- Suit struck out for want of proper locus standi; costs awarded to defendant.
- Legal Topics
- Locus Standi, Legal Representative, Minor Dependants, Letters of Administration, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronicah Mwikali Mwangangai
Plaintiff
Daniel Kyalo Musyoka
Defendant
Procedural Posture
Civil Case / Ruling on Preliminary Objection Regarding Locus Standi of Legal Representative
Legal Issues
- 1 Whether a single legal representative can file suit on behalf of minor dependants of a deceased person.
- 2 Whether section 58 of the Law of Succession Act requires two administrators where minors are concerned.
Ratio Decidendi
The court held that, pursuant to section 58 of the Law of Succession Act, where minor children are dependants of a deceased, any suit brought on behalf of the estate must be instituted by at least two administrators or legal representatives. This requirement is intended to safeguard the interests of the minors and ensure proper administration of any awards or benefits accruing to the estate. The court found that the plaintiff, having filed suit as a sole legal representative, lacked the requisite locus standi, rendering the suit incompetent. The suit was accordingly struck out, with the court directing that any fresh suit must be filed by two administrators or legal representatives to the...
Court Disposition
Suit struck out for want of proper locus standi; costs awarded to defendant.
Orders
- The suit is struck out with costs to the defendant.
- A fresh suit may be filed by two administrators/legal representatives to the limited grant.
Full Case Text
Judgment text and source record
20 paragraphs
1) Civil Practice and Procedure
2) Locus to bring suit
3) Legal representative files suit alone without a co-administrator
4) Suits concerns minor
5) Minor/estate
6) Held:
i. Legal representative who required to file suit where minors are dependent on deceased should be two in number under section 58 of the law of succession act to safe guard the interest of a minor
7) Case law – Nil
8) The Succession act Cap.160 laws of Kenya section 58
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI Civil Case 867 of 200VERONICAH MWIKALI MWANGANGAI ………………….. PLAINTIFF VERSUS DANIEL KYALO MUSYOKA ………….…………………….DEFENDANT
RULING This is a ruling that arises from the submissions on whether or not a plaintiff/legal representative may file a suit on behalf of the dependants of the deceased where minor children’s are concerned.
The plaintiff herein took out letters of grant limited for purposes of filing suit. When doing so, the result of any suit so field would go to the estate of the deceased and consequently awards distributed to the dependents, who often may be minor children.
Where children are concerned in an estate, where the legal representative is a male or female, there must be two administrators to take up the Limited Grant for purposes of filing suit. This assists in ensuring that the resulting trust created for the children are safe guard.
The courts may invest any award given in an interest earning account in the name of the legal representative and the registrar of the High Court of Kenya but this concerns an estate of the deceased.
I hereby rule that for there to be a suit by a legal representative or dependent there must be two persons filing suit as to plaintiffs to guard the interest of the minor.
I hereby declare that a1 fresh suit be filed having two administration/legal representative to the limited grant. This suit is hereby struck out with costs to defendants.
Dated this 12th day of May 2005 at Nairobi.
M.A. ANG’AWA JUDGE
F.M. Kalwa advocates for the plaintiff B.N. Ngugi advocates for the defendant