In re Estate of Peter Muraya Chege (Deceased)
The bottom line
#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
#Executive summary
#Key legal issues
#Effect of a full grant on a pending application for a limited grant ad colligenda bona
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
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of the Law of Succession Act extend to all aspects of the estate, any orders on the limited grant application would be superseded and futile.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.
Avenue for aggrieved parties dissatisfied with the full grant
Elaborate legal mechanisms exist for challenging a grant; until successfully challenged, the grant remains legal and regular
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.
Legal principles established
#- 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
#- 1.The pending application dated 12/11/2019 is deemed overtaken by events and no ruling on it is necessary
- 2.The file is deemed closed
- Jurisdiction invoked
- Probate and Administration Rules, Rule 36 (Law of Succession Act regime)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.