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High CourtOtherNot stated in judgment (Succession Cause, Nakuru)· [2019] KEHC 9743 (KLR)

In re Estate of Peter Muraya Chege (Deceased)

High Court of Kenya
28 February 2019
616 words in judgment
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·~2 min to read original · ~4 min brief

The bottom line

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Once a full grant of administration is issued, you cannot pursue a limited grant; any disputes must be raised by challenging the grant itself.

What this practically means

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Executive summary

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This ruling by the High Court at Nakuru (A. K. Ndung'u, J) dealt with an application dated 12/11/2018 seeking a limited grant of letters of administration ad colligenda bona over the estate of Peter Muraya Chege for preservation of the estate until further representation was granted. By the time the ruling scheduled for delivery came up, a full grant of letters of administration intestate had already been issued to John Muthee Ngunjiri, James Macharia Chege and James Mugo Muraya. The court set out Rule 36 of the Probate and Administration Rules, which governs limited grants issued in urgent special circumstances, limited to collecting, receiving and preserving the estate until a further grant is made. The court held that the law does not envisage a limited grant running alongside a full grant; a limited grant is to issue only pending a full grant. With the full grant in place, the administrators' duties under Sections 82 and 83 of the Law of Succession Act extend to all aspects of the estate, and any orders on the pending application would be superseded and futile. Counsel for the applicant argued the full grant was issued contrary to earlier court directions and that the administrators were low in the degree of consanguinity, but the court held such grievances should be raised through the legal mechanisms for challenging a grant at the right forum; until successfully challenged, the grant remains legal and regular. The court found the application overtaken by events, declined to deliver the reserved ruling, and deemed the file closed. No costs order was made.

Key legal issues

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01

Effect of a full grant on a pending application for a limited grant ad colligenda bona

Holding

The application is overtaken by events; a limited grant cannot coexist with a full grant, so no ruling is necessary and the file is closed

Reasoning

Rule 36 contemplates a limited grant only where urgency makes a full grant impossible in time to meet the necessities of the case. With a full grant now issued to three administrators, whose duties under Sections 82 and 83 of the Law of Succession Act extend to all aspects of the estate, any orders on the limited grant application would be superseded and futile. Grievances about the grant should be raised through the mechanisms for challenging a grant.

p. 2
02

Avenue for aggrieved parties dissatisfied with the full grant

Holding

Elaborate legal mechanisms exist for challenging a grant; until successfully challenged, the grant remains legal and regular

Reasoning

The applicant's counsel argued the full grant was issued contrary to earlier court directions and that the administrators are low in the degree of consanguinity, amounting to stealing a march. The court held these are matters to be raised in a challenge to the grant at the right forum, not by pressing a limited grant application.

p. 2

Legal principles established

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  • A limited grant ad colligenda bona issues only pending a full grant and cannot run alongside a full grant
  • Once a full grant is issued, the administrators' duties under Sections 82 and 83 of the Law of Succession Act cover all aspects of the estate

Court orders

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  1. 1.The pending application dated 12/11/2019 is deemed overtaken by events and no ruling on it is necessary
  2. 2.The file is deemed closed

Authorities

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Legislation

  • Law of Succession ActSections 82 and 83
  • Probate and Administration RulesRule 36
Jurisdiction invoked
Probate and Administration Rules, Rule 36 (Law of Succession Act regime)

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, "In re Estate of Peter Muraya Chege (Deceased)", Case Analysis (2019). Not stated in judgment (Succession Cause, Nakuru). Source: 

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