Grace Kagwiria Mbijiwe v M’chabari Kairaria M’kirumati [2018] KEELC 1517 (KLR)
The bottom line
#When a party to a concluded Kenyan land case dies, the court can substitute their widow holding a limited grant and release money deposited in court to her.
What this practically means
#Executive summary
#Key legal issues
#Substitution of a deceased defendant by the holder of a limited grant ad litem
The application for substitution was allowed, the plaintiff having confirmed she had no further claims and no objection to release of the deposited funds, and the parties having agreed that the application be allowed.
The applicant demonstrated she was the deceased defendant's wife and had obtained a limited grant of letters of administration ad litem in Chuka H.C. Misc. Succ. Cause No. 5 of 2018 on 16th May 2018. The suit had been finalized and a decree issued before the defendant's death, with Kshs.355,540/= deposited in court under Order No. 507 of the decree. The plaintiff wrote to the court confirming she had received title documents for the suit property, had no further claims, and had no objection to the funds being released to the applicant. On 8th October 2018 the parties told the court they had agreed to have the application allowed.
Legal principles established
#- Upon the death of a party to a concluded suit, the holder of a limited grant of letters of administration ad litem may be substituted to prosecute or receive what is due under the decree, particularly where the surviving parties consent.
Court orders
#- 1.The defendant M'Chabari Kairaria M'Kirumati (now deceased) is substituted with Magderine Kathanga Muriungi
- 2.The sum of Kshs.355,540/= deposited in court is to be paid to Magderine Kathanga Muriungi
- 3.No costs are awarded with regard to this application to any of the parties
- Jurisdiction invoked
- Inherent powers of the court on substitution of a deceased party following a limited grant of letters of administration ad litem
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Grace Kagwiria Mbijiwe v M’chabari Kairaria M’kirumati [2018] KEELC 1517 (KLR)", Case Analysis (2018). Chuka ELC No. 147 of 2017 (formerly Meru ELC No. 134 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1517/eng@2018-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.