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ELCAllowed· [2026] KEELC 1952 (KLR)

Kiguru (Suing as personal representative of the Estate of the Rhoda Muthoni Kibe - Deceased) v Embakasi Ranching Co Limited & 3 others (Land Case E122 of 2022) [2026] KEELC 1952 (KLR)

High Court of Kenya
5 March 2026
1,944 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The High Court reinstated a lapsed lawsuit by allowing a deceased plaintiff's family to step in using a limited grant, confirming the process is valid in Kenya.

What this practically means

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Executive summary

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This ruling determines a Notice of Motion dated 14th April 2025 filed by Anthony James Mwangi Kibe and Anne Njeri Kariuki, the legal representatives of the estate of the deceased Plaintiff, Robert Kibe Kiguru, who had sued as personal representative of the estate of Rhoda Muthoni Kibe (deceased). The Plaintiff died on 29th March 2024, and his suit abated on 29th March 2025 under Order 24 of the Civil Procedure Rules. The Applicants sought reinstatement of the abated suit and their substitution as Plaintiffs pursuant to a limited grant ad litem issued on 10th April 2025 in Milimani Miscellaneous Succession Cause No. E157 of 2025. The Respondents objected, contending that the grant ad litem was a nullity because a confirmed grant existed in Thika CM Succession Cause No. 147, and that the Applicants therefore lacked standing, besides alleging inordinate delay and a defective supporting affidavit. The court framed three issues: whether the grant ad litem was defective; whether the Applicants had capacity to be substituted; and whether the prayers should be granted. It held that the grant ad litem was validly issued under Section 54 and paragraph 14 of the Fifth Schedule of the Law of Succession Act, limited to prosecuting this suit, and that any challenge lay only through revocation under Section 76 of the Act and Rule 44 of the Probate and Administration Rules, which the Respondents had not pursued. The court found the delay short and sufficiently explained by mourning, financial hardship and dispersed beneficiaries. The application was allowed in terms of prayers 2 and 3, reinstating the suit and substituting the Applicants, with costs in the cause.

Key legal issues

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01

Whether the limited grant ad litem was validly issued notwithstanding an existing confirmed grant in the Thika succession cause

Holding

The grant ad litem was validly issued under Section 54 and paragraph 14 of the Fifth Schedule of the Law of Succession Act; it was limited to prosecuting this suit and not to substituting the deceased in the Thika cause. Any challenge must proceed by way of revocation under Section 76 and Rule 44 of the Probate and Administration Rules, which the Respondents have not done.

Reasoning

The court distinguished the Milimani grant ad litem from the confirmed Thika grant held by the deceased Plaintiff. Since the deceased administrator's grant became inoperative on his death and no new representative had been appointed in Thika, the grant ad litem was the proper statutory mechanism for a nominee to represent the deceased estate in the pending suit. Because the grant was issued by a competent court and remains unrevoked, its validity and the Applicants' capacity stand.

p. 3
02

Whether the Applicants have capacity to be substituted as Plaintiffs after the suit abated

Holding

The Applicants, holders of an unrevoked limited grant ad litem, have the necessary capacity to be substituted as Plaintiffs and to make the application.

Reasoning

The court found that the Respondents had not invoked the statutory procedure for revocation of the grant, nor did they identify any personal representative appointed to replace the deceased Plaintiff in the Thika succession cause. In the absence of a lawful challenge or a rival representative, the Applicants' capacity under the grant ad litem remained intact, entitling them to pursue substitution under Order 24 of the Civil Procedure Rules.

p. 4
03

Whether the delay in applying for reinstatement after abatement was excusable

Holding

The delay was not inordinate; the Applicants were prevented by sufficient cause from filing the application before the suit abated.

Reasoning

The suit abated on 29th March 2025 and the application was filed on 14th May 2025, shortly after the grant ad litem issued on 10th April 2025. The court accepted the explanation that the beneficiaries were devastated by the death, faced financial hardship, and that some siblings resided abroad, making it difficult to agree on who would take out the grant. This sufficed as sufficient cause under Order 24.

p. 4

Legal principles established

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  • Where a confirmed grant exists, a grant ad litem issued solely for prosecuting a pending suit is still validly available under Section 54 and paragraph 14 of the Fifth Schedule of the Law of Succession Act; challenges to such a grant must follow the revocation procedure under Section 76 and Rule 44 of the Probate and Administration Rules.
  • A grant of representation dies with its holder; there is no substitution of a deceased administrator, and a fresh grant must be applied for.
  • An unrevoked grant issued by a competent court confers capacity on its holders to apply for substitution and continuation of an abated suit, and a short delay after abatement with sufficient cause does not defeat reinstatement.

Court orders

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  1. 1.The suit which legally abated on 29th March 2025 is reinstated (prayer 2)
  2. 2.The Plaintiffs, Robert Kibe Kiguru (Deceased), is substituted with the Applicants, Anthony James Mwangi and Anne Njeri Kariuki, being the Legal Representatives of the Estate of Rhoda Muthoni Kibe (Deceased) (prayer 3)
  3. 3.Costs shall be in the cause

Authorities

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Legislation

  • Law of Succession ActSection 54
  • Law of Succession ActParagraph 14 of the Fifth Schedule
  • Law of Succession ActSection 76
  • Probate and Administration RulesRule 44
  • Civil Procedure RulesOrder 24 Rules 1, 3, 7(2)

Cases cited (2)

  • John Karumwa Maina vs Susan Wanjiru Mwangi (2015) eKLR
    (2015) eKLR
  • Florence Okutu Nandwa And Another –v- John Atemba Kojwa
    Civil Appeal No. 306 of 1998
Jurisdiction invoked
Inherent jurisdiction and the Law of Succession Act (Section 54, Fifth Schedule paragraph 14) read with Order 24 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kiguru (Suing as personal representative of the Estate of the Rhoda Muthoni Kibe - Deceased) v Embakasi Ranching Co Limited & 3 others (Land Case E122 of 2022) [2026] KEELC 1952 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1952/eng@2026-03-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.