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High CourtAllowedSuccession Cause (consolidated Kiambu SPMC Succession Causes Nos. 130 and 139 of 2009)

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)

High Court of Kenya
26 February 2020
441 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Holding a grant of administration gives you the legal right to represent a deceased party in court proceedings.

What this practically means

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Executive summary

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This succession dispute concerns the estate of Daniel Ng’ang’a Thagichu, who died on 26th February 2006 holding shares in Githunguri/Ikinu/2067 and Githunguri/Riuki/445. He was married to two wives, Elizabeth Wanjiku Ng’ang’a (deceased 25th August 2016) and Ronnah Wairimu Ng’ang’a (also deceased 25th August 2016). Elizabeth had one child with the deceased, Joseph Kingoi Ng’ang’a, the respondent. Ronnah had four children, including Cathlene Wanjiku Ng’ang’a, the applicant. The respondent asserts none of Ronnah's children were sired by the deceased; the applicant asserts otherwise. Ronnah petitioned for letters of administration intestate in Kiambu SPMC Succession Cause No. 139 of 2009, while the respondent filed Cause No. 130 of 2009; the causes were consolidated and transferred to the High Court. A dispute arose over whether the deceased left a Will, with Ronnah becoming objector, but she died before testifying. The applicant, having obtained letters of administration ad litem, applied on 19th February 2019 to substitute her late mother as objector. The respondent opposed, arguing the applicant would not benefit from the estate. The court, Muchelule J, held that the ad litem grant gave the applicant capacity to sue and be sued on her late mother's behalf, citing Trouistik Union International v Mbeyu, and allowed the substitution. The question of the applicant's paternity and beneficial status was deferred to the confirmation stage. Costs were in the cause.

Key legal issues

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01

Whether the applicant could substitute her deceased mother as objector

Holding

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

Reasoning

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.

p. 2
02

Whether the applicant and her siblings are children of the deceased

Holding

This question was not determined at this stage; it is deferred to the confirmation of the grant

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The application dated 19th February 2019 is allowed
  2. 2.The applicant shall substitute Ronnah Wairimu Ng’ang’a as the objector
  3. 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

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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 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.