1. I have read the Petition for Limited Grant of the Letters of Administration ad litem filed under sections 54 and 67 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules and the affidavit of Dr Klaus Friedrich Rudolf Schroter , the brother of the deceased, sworn before a Notary Public in Germany on 27th May 2025 .
2. I note that the deceased had properties in Kenya, including a plot of land identified as Title No. LR 72/III, jointly with one Jonathan Kilumu Nzai, whose claim of survivorship remains legally unverified and bank accounts at ABSA Bank and DTB Bank.
3. The Petitioner therefore seeks the aforesaid grant for the following reasons:-
a. To institute and prosecute proceedings at the Environment and Land Court to determine the nature and extent of the deceased's interest in the said property;
b. To preserve estate assets, including securing access to the residence, conducting an inventory, and preventing intermeddling or unauthorized dealing; and
c. To apply for freezing orders over the deceased's accounts at ABSA Bank and DTB Bank, pending full administration.
4. I have perused the said application and considered the applicable law. Given that the estate of the deceased is apparently in danger of being wasted I am persuaded that there are sufficient reasons to issue the grant ad litem in respect of the estate of the deceased.
5. In the circumstances, I issue a Limited Grant of the Letters of Administration ad litem to Dr Klaus Friedrich Rudolf Schroter limited to the following purposes:-
a. To institute and prosecute proceedings at the Environment and Land Court to determine the nature and extent of the deceased's interest in Title No. LR 72/III : and
(b) To apply for freezing orders over the deceased's accounts at ABSA Bank and DTB Bank , pending full administration.
6. The grant issued herein does not entitle the administrator ad litem to distribute or dispose of the estate. The said administrator will act only within the confines of the limited authority granted herein.
7. I order that an application for the full grant be made within 90 days of the date hereof, failing which the grant issued herein will lapse and be of no effect.
2. I note that the deceased had properties in Kenya, including a plot of land identified as Title No. LR 72/III, jointly with one Jonathan Kilumu Nzai, whose claim of survivorship remains legally unverified and bank accounts at ABSA Bank and DTB Bank.
3. The Petitioner therefore seeks the aforesaid grant for the following reasons:-
a. To institute and prosecute proceedings at the Environment and Land Court to determine the nature and extent of the deceased's interest in the said property;
b. To preserve estate assets, including securing access to the residence, conducting an inventory, and preventing intermeddling or unauthorized dealing; and
c. To apply for freezing orders over the deceased's accounts at ABSA Bank and DTB Bank, pending full administration.
4. I have perused the said application and considered the applicable law. Given that the estate of the deceased is apparently in danger of being wasted I am persuaded that there are sufficient reasons to issue the grant ad litem in respect of the estate of the deceased.
5. In the circumstances, I issue a Limited Grant of the Letters of Administration ad litem to Dr Klaus Friedrich Rudolf Schroter limited to the following purposes:-
a. To institute and prosecute proceedings at the Environment and Land Court to determine the nature and extent of the deceased's interest in Title No. LR 72/III : and
(b) To apply for freezing orders over the deceased's accounts at ABSA Bank and DTB Bank , pending full administration.
6. The grant issued herein does not entitle the administrator ad litem to distribute or dispose of the estate. The said administrator will act only within the confines of the limited authority granted herein.
7. I order that an application for the full grant be made within 90 days of the date hereof, failing which the grant issued herein will lapse and be of no effect.