Christopher Mwangi Munuhe (suing in his capacity as Administrator Ad-Litem of the Estate of Lucy Wanjiru Munuhe) v Wambui Wagacha [2020] KEELC 3262 (KLR)

Facts

The Plaintiff, Christopher Mwangi Munuhe, is the Administrator Ad Litem of the Estate of Lucy Wanjiru Munuhe. The Defendant, Wambui Wagacha, filed an application to strike out the Plaintiff's Amended Originating Summons and costs, arguing that the suit was not within the scope of the Limited Grant of Letters of Administration Ad Litem issued to the Plaintiff.

Issues

1. Whether the Plaintiff has locus standi to maintain the suit
2. Whether the Plaintiff's Amended Originating Summons and Supplementary Affidavit were filed in accordance with the rules

Reasoning

The Limited Grant of Letters of Administration Ad Litem was limited to filing and prosecuting a suit for damages in respect of the death of the deceased Lucy Wanjiru Munuhe. The Plaintiff has since obtained another Limited Grant allowing him to file and prosecute suits. The filing of the Supplementary Affidavit out of time is not prejudicial to the Defendant.

Outcome

Application dismissed with costs

Authorities cited