In re Estate of Daniel Ng’ang’a Thagichu (Deceased) - Cathlene Wanjiku Ng’ang’a (as applicant for substitution of Ronnah Wairimu Ng’ang’a, objector)
The bottom line
#Holding a grant of administration gives you the legal right to represent a deceased party in court proceedings.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant could substitute her deceased mother as objector
Yes; the ad litem grant gave her capacity to sue and be sued on behalf of her late mother, so the application could not be competently challenged
The court relied on Trouistik Union International & Another v Mbeyu & Another for the proposition that an ad litem grant vests capacity in the holder to litigate on behalf of the deceased party. Since the applicant held such a grant, the respondent's objection based on her lack of standing or benefit could not defeat the substitution application.
Whether the applicant and her siblings are children of the deceased
This question was not determined at this stage; it is deferred to the confirmation of the grant
The court held that the question of paternity and beneficial entitlement is a substantive issue properly resolved when the grant comes up for confirmation, not on an interlocutory substitution application. The respondent's assertion that none of Ronnah's children were sired by the deceased remains to be tested at that stage.
Legal principles established
#- A grant of letters of administration ad litem confers capacity to sue and be sued on behalf of the deceased party, making substitution applications competent
Court orders
#- 1.The application dated 19th February 2019 is allowed
- 2.The applicant shall substitute Ronnah Wairimu Ng’ang’a as the objector
- 3.Costs shall be in the cause
- Jurisdiction invoked
- Succession law jurisdiction over intestate estates (Law of Succession Act), consolidated causes transferred to the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Estate of Daniel Ng’ang’a Thagichu (Deceased) - Cathlene Wanjiku Ng’ang’a (as applicant for substitution of Ronnah Wairimu Ng’ang’a, objector)", Case Analysis (2020). Succession Cause (consolidated Kiambu SPMC Succession Causes Nos. 130 and 139 of 2009). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.