In re Estate of Doron Weber (Deceased) [2025] KEHC 1324 (KLR)

In re Estate of Doron Weber (Deceased) (Probate & Administration E954 of 2024) [2025] KEHC 1324 (KLR) (Family) (27 February 2025) (Ruling)

Neutral citation: [2025] KEHC 1324 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Probate & Administration E954 of 2024

H Namisi, J

February 27, 2025

IN THE MATTER OF THE ESTATE OF DORON WEBER (DECEASED)

In the matter of

Frida Kinya Weber

1st Petitioner

Elad Weber

2nd Petitioner

Yarden Weber

3rd Petitioner

Ruling

1. The Deceased herein passed away intestate on 4 January 2021 in Kilimani, Nairobi County. The Petitioners have presented a Petition for Letters of Administration ad colligenda bona under sections 54 and 67 of the Law of Succession Act. The same is presented in their capacity as the widow and surviving children of the Deceased.

2. The Petition is supported by Affidavits sworn by the Petitioners. The 1st Petitioner avers that the Deceased is survived by herself, the widow, and four children, two of whom are minors. The 2nd and 3rd Petitioners, the two children who are above 18 years old, have also sworn Affidavits in support of the Application. All Petitioners appeared before the Court to support their Application.

3. The Petitioners seek special letters of administration limited to the following:i.Prosecuting pending cases: Nairobi ELRC Case No. 1140 of 2017 (formerly HCCC No 555 of 20023)- Doron Weber -vs- James Isabirye & Another and ELC Petition No 724 of 2014 – Doron Weber -vs- Reality Brokers Ltd & Upper Hill Medical Centre Ltdii.To enable the Petitioners pursue lawful claims for and on behalf of the estate against Debtors;iii.To enable recovery of payments being entitlement of 50% shares in Bildor Limited from SBI International Holdings AG.

4. The Petitioners aver that they have already filed the Petition for the full grant to enable the administration of the estate.

5. Sections 54 and 67 (1) of the Law of Succession Act, Cap 160 of the Laws of Kenya and Rule 36 of the Probate and Administration Rules provide the circumstances under which a Special Limited Grant may be issued by the Court.(54)A court may, according to the circumstances of each case, limit any grant of representation which it has jurisdiction to make, in any of the forms described in the Fifth Schedule to this Act.(67)(1)No grant of representation, other than a Limited Grant for Collection and Preservation of Assets, shall be made until there has been published notice of the application of such grant, inviting objections thereto to me made known to the court within a specified period of not less than thirty days from the date of publication, and the period so specified has expired.(36)(1)Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate.

6. I have considered the Application and Affidavits. In order to preserve the assets of the estate, I grant the Letters of Administration ad colligenda bona which shall be limited to the following:i.Prosecuting pending cases: Nairobi ELRC Case No. 1140 of 2017 (formerly HCCC No 555 of 20023)- Doron Weber -vs- James Isabirye & Another and ELC Petition No 724 of 2014 – Doron Weber -vs- Reality Brokers Ltd & Upper Hill Medical Centre Ltdii.Pursuing lawful claims for and on behalf of the estate against Debtors;iii.Recovery of payments being entitlement of 50% shares in Bildor Limited from SBI International Holdings AG.

7. Costs shall be borne by the estate.

DATED AND DELIVERED AT NAIROBI THIS 27 DAY OF FEBRUARY 2025. HELENE R. NAMISIJUDGEDelivered on virtual platform in the presence of:Ms. Kulohoma...............for the PetitionersLibertine Achieng ......Court Assistant