In re Estate of Elizabeth Mkiwa Salim (Deceased) [2022] KEHC 14552 (KLR)

In re Estate of Elizabeth Mkiwa Salim (Deceased) (Succession Cause 159 of 2013) [2022] KEHC 14552 (KLR) (7 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14552 (KLR)

Republic of Kenya

In the High Court at Mombasa

Succession Cause 159 of 2013

JN Onyiego, J

October 7, 2022

IN THE MATTER OF THE ESTATE OF ELIZABETH MKIWA SALIM (DECEASED)

Ruling

1. The deceased herein died intestate on 26th January, 2013 through a Road Traffic Accident. He was survived by;a.Francis Salim-fatherb.Nakio Regina -motherc.Lucas Mwakoi-brotherd.Alex Salim-sone.Juliet - daughterf.Rodgers Msafari - uncle

2. On 22nd July 2013, Francis Salim Mwakoi and Nakio Regina petitioned for a limited grant of letters of administration ad litem for purposes of filing and or defending a suit in respect of the estate. The same was issued on 14th August, 2013 to the appicants jointly.

3. Since then, no action was taken to petition for a full grant. Subsequently, on 2nd February 2022, one Lucas Salim filed summons for addition as an administrator on top of Francis Mwakoi and Nakio Regina who have been described as aged 84 and 76 respectively hence unable to represent the estate effectively.

4. The application is based on the grounds stated on the face of it and an affidavit in support sworn by the applicant on 18th January, 2021. He averred that case No SRM CCNo.205/2013 has been adjourned severally owing to the sickness and old age of the administrators. He therefore prayed that his name be added as an additional administrator.

5. I have considered the application herein, supporting affidavit and the annexures thereof .The major ground upon which the application herein is anchored is the advanced age of the administrators stated to be 76 years to 84 years respectively . The second ground is that of the administrators’ frequent sickness hence delaying the hearing of a pending case filed by the estate. Although no copy of the plaint or pleadings in respect of the alleged suit was attached, I am persuaded that the administrators being of advanced age may be having a challenge in prosecuting the case. I will therefore give a benefit of doubt and grant the application in the interest of justice.

6. Accordingly, the application herein is allowed and a fresh grant of letters of administration to issue in the name of the current administrators plus the applicant as the 3rd administrator.

DATED SIGNED AND DELIVERED AT MOMBASA THIS 7TH DAY OF OCTOBER, 2022. .........................J. N. ONYIEGOJUDGE