Jedidah Wamunyu Nyaga v James Ndwiga Muchira [2016] KEHC 6501 (KLR)
- Court
- High Court of Kenya
- Case number
- 6501
- Citation
- [2016] KEHC 6501 (KLR)
The appeal is dismissed. The substitution of the late Damaris Muringo Muchira is done promptly and in accordance with the law. The limited grant of letters of administration ad litem issued to James Ndwiga Muchira is revoked.
Facts
The appellant, Jedidah Wamunyu Nyaga, sought letters of administration in respect of the estate of the late Muchira Kibanga, while the respondent, James Ndwiga Muchira, filed an objection and cross-petition. The case was initially heard in Kerugoya Senior Principal Magistrate's Court Succession Cause No. 97 of 1992.
Issues
- Capacity of the respondent to file the application dated 15th June, 2011
- Misinterpretation of the High Court ruling in Nyeri H.C. Misc. No. 11 of 1988
Reasoning
The court finds that the respondent lacked capacity to file the application dated 15th June, 2011 due to the irregularity and technical insufficiency of the letters of administration ad litem obtained by the respondent. The appellant's petition was made in contravention of valid court orders.
Outcome
Appeal dismissed
Orders
- Substitution of the late Damaris Muringo Muchira is done promptly and in accordance with the law
- Limited grant of letters of administration ad litem issued to James Ndwiga Muchira is revoked
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