In the Estate of MARGARET JEAN ELMS

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

(FAMILY DIVISION)

SUCCESSION CAUSE NO. E013 OF 2024

IN THE MATTER OF THE ESTATE OF JEAN MARGARET ELMS (DECEASED)

RULING

1. Before me is a petition for Letters of Administration ad litem filed by Guy Spencer Elms and Clive Leonard Elms (hereafter the “the petitioners/applicants”), the executors of the last will and testament of Jean Margaret Elms (hereafter “the deceased”), dated 19^th   February 2024. Vide the said petition the applicants seek to be granted Letters of Administration ad litem of the estate of the deceased on the ground that there is a subsisting suit referenced Mombasa ELC No. E135 of 2024; Jean Margaret Elms versus Margarita Susie Macbeth Heard and an intended declaratory suit against Heritage  Insurance Company Limited. Both the suit and the cause of action survived the demise of the deceased.
2. The petitioners/applicants intend to take over and prosecute the subsisting cause and to file and prosecute the intended declaratory suit and need the limited grant ad litem for that purpose, but without the power to distribute the estate under the grant.
3. I have read the petition, the chamber summons application dated 19 February 2023, and the supporting documents. I am satisfied that a case has been made for the issuance of the orders sought.
4. I therefore order as follows:-
   1. Grant of Letter of Administration ad litem do hereby issue to Guy Spencer Elms and Clive Leonard Elms, limited to the taking over of the conduct of suit referenced Mombasa ELC No. E135 of 2024; Jean Margaret Elms versus Margarita Susie Macbeth Heard and filing a declaratory suit against Heritage  Insurance Company Limited;
   2. The petitioners/applicants shall not have the power to distribute the estate under the grant issued herein; and
   3. The petitioners/applicants are to file the petition for grant of probate of the written will of Jean Margaret Elms (deceased) within 90 days of the date hereof, failing which the limited grant issued herein will lapse.
5. Orders accordingly

Dated and signed this 19^th day of February 2024 at Mombasa

GREGORY MUTAI

JUDGE