REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KWALE
PROBATE & ADMINISTRATION CAUSE NO. E012 OF 2026
IN THE MATTER OF THE ESTATE OF THOMAS SOLLACHER (DECEASED)
PETITION FOR A GRANT AD COLLIGENDA BONA
RULING
1. Frank-Peter Ludwig Christian, of Ludwig Strasse, Traunschtein, Germany is brother to the late Thomas Sollacher (Deceased) who died at Paracelsus Medical University, Salzburg, Austria, on 12 th March 2026 as per a copy of the original certificate of death of the deceased as translated as per the copy of the certified of translation of the death certificate, and a copy of the confirmation of death dated 17 th March 2026 issued by the Uniklinikum Salzburg.
2. Frank-Peter has petitioned this court for a Limited Grant of Letters of Administration Ad Colligenda bona for the estate of Thomas Sollacher (Deceased). The petition is dated 17 th September 2026 and is filed Under Rule 36 (3) of the Probate and Administration Rules. It is averred therein that the deceased died domiciled in Diani, Kwale and the grant is limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate of the deceased and until further representation be granted.
3. The petitioner further avers that he presents the petition in his capacity as the brother of the deceased, having obtained the consent of their mother, Christa Sollacher who has given him consent for him to take out the limited grant and by reason of the fact that owing to the special circumstances of the case, the urgency of the matter as deposed in his supporting affidavit filed together with the petition, is so great that it would not be possible for the court to make a full grant in sufficient time to meet the necessities of the estate of the deceased.
4. Further that he will faithfully administer according to law all the estate of the deceased which by law devolves to and vests in his personal representative and no further or otherwise and will render a just and true account thereof whenever required by law so to do, and he will when required by the court to do so deliver up thereto the said grant. This averment is however unnecessary as it is not applicable to the limited grant under consideration herein.
5. It is further averred that there is urgency in the said petition in order to consolidate and preserve the estate of Thomas Sollacher (Deceased) to prevent the estate from being wasted or intermeddled with and particularly, an account with Diamond Trust Bank. That third parties are intermeddling with the said property of the deceased by withdrawing and using monies of the deceased from the various bank accounts without letters of administration or any other lawful authority and unless the limited grant is issued the estate is likely to be completely dissipated by the intermeddlers. Further that the estate of the deceased will go to waste since no person has the locus standi to consolidate and preserve the estate.
6. The petitioner has filed a supporting affidavit sworn on 17 th September 2026. He deposes that the deceased died intestate and left no surviving spouse or children.
7. That the deceased left the following beneficiaries:
a. Christa Sollacher, the mother of the deceased and holder of a German Passport, passport number LFGWDX3KV. A copy of the biometric page of the passport is annexed.
b. Frank-Peter Ludwig Christian, the elder brother and eldest sibling of the Deceased and holder of a German Passport, passport number CFHL2PHJO. A copy of the biometric page of the passport is annexed.
c. Karoline Andrea Charlotte, the elder sister of the deceased and holder of a German Passport, passport number LFGWV7923. A copy of the biometric page of the passport is annexed.
8. That the Traustein District Court in Germany has already determined that the deceased’s mother, Christa Sollacher is entitled to half of the deceased's estate, and Karoline Andrea and the petitioner are entitled to a quarter each. A copy of the certified copy of the translated Certificate of Inheritance is annexed.
9. That the only person having a higher priority than him to take out the grant is their mother, Christa Sollacher. She has given him consent for him to take out the limited grant. A copy of the consent signed by Christa Sollacher is annexed.
10. That the only person having an equal priority to him to take out the grant is his younger sister, Karoline Andrea Charlotte. She has not given her consent for him to take out the limited grant.
11. That as far as he is aware of at the time of filing the petition the deceased had the following assets and liabilities at the date of his death
a. Bank account held at Diamond Trust Bank.
b. Interest in the property located in Diani, Kwale County, known as Plot No. 118.
c. Interest in the property located in Diani, Kwale County, known as Plot No. 117.
d. Interest in the property located in Diani, Kwale County, known as Plot No. 1380.
e. One ordinary share in Nzela Limited registered under Company Number CPR/2010/73119.
f. Seventy-Five ordinary shares in Diani Marine Limited registered under Company Number C. 37176.
12. That the value of the estate of the deceased is estimated to be KShs. 75,000,00/=.
13. That there is a need for the court to issue a grant ad colligenda bona to ensure that the estate of the deceased is collected and preserved pending the court issuing letters of grant of representation.
14. He deposes further that he will not deal with the estate of the deceased in any other way other than to collect and preserve the same
15. I have considered the petition, the supporting affidavit and the annexures thereto. The issue for determination is whether the petition has merit.
16. Section 67 of the Law of Succession Act (Cap. 160) Laws of Kenya provides with respect to notice of application for grant that:
S. 67. (1) No grant of representation, other than a limited grant for collection and preservation of assets, shall be made until there has been published notice of the application for such grant, inviting objections thereto to be made known to the court within a specified period of not less than thirty days from the date of publication, and the period so specified has expired.
(2) A notice under subsection (1) shall be exhibited conspicuously in the court-house, and also published in such other manner as the court directs.
17. From this section, application for a limited grant of letters of administration for collection and preservation of assets, such as the present one is exempt from publication of a notice inviting objections to the issuance thereof.
18. Rule 36 of the Probate and Administration Rules provides for Grant ad colligenda bona as follows:
R. 36. (1) Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate of the deceased.
(2) Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made.
(3) Application for such a grant shall be by petition in Form 85 signed by the applicant in the presence of not less than two adult witnesses supported by an affidavit containing the material facts together with the reasons for the application and showing the urgency of the matter and shall be made at the principal registry or at the Mombasa, Kisumu, Nakuru, Nyeri, Kisii, Kakamega, Meru, Machakos, Eldoret and Bungoma registries.
(4) The provisions of rule 7(4) shall not apply to applications under this rule.
(5) Copies of the proceedings and of the grant when issued shall be served upon such persons (if any) and in such manner as the court shall direct.
19. The registries at which such petition may be lodged as outlined above are in my view the High Court stations existing in the country at the time when the Rule was last amended in 2002 vide L.N. No. 143 of 2002, r. 2. Many more High Court stations have been established since then including the High Court at Kwale in line with the constitution’s edict in article 48 that the State shall ensure access to justice for all persons. Under Article 165(3)(a) of the constitution the High Court has unlimited original jurisdiction in criminal and civil matters. For those reasons, though noted listed under Rule 36(3) above, this court has jurisdiction to determine the issue of grant of letters of administration Ad colligenda bona under section 67 of the Act and Rule 36 of the Probate and Administration Rules.
20. As provided for under Rule 36(2), a Grant of Letters of Administration ad colligenda bona is limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made. As such, it cannot be used to distribute the assets of the estate of the deceased as was held in the case of In re estate of Antony Shem Otieno Odhiambo (Deceased) [2015] KEHC 2080 (KLR) where the High Court, Musyoka, J. emphasized that such grant does not leave room for anything else other than collection of the estate and its preservation.
21. I have considered the petition, the supporting affidavit and the annexures thereto and the provisions of the law with respect to a limited grant ad corrigenda bona defuncti . I am satisfied that the petitioner has demonstrated that as a beneficiary of the deceased’s estate as a brother, and having obtained the consent of the deceased’s mother who ranks higher in priority to him, he is entitled to a full grant of representation to the deceased’s estate and therefore to the limited grant ad colligenda bona defuncti applied for herein. I am satisfied of the great urgency and necessity to warrant the issuance the grant of administration ad colligenda bona defuncti of the estate of the deceased for purposes of preserving, protecting and recovering the assets of the estate of the deceased.
22. Consequently, the said limited grant of letters of administration ad colligenda bona defuncti of the estate of the deceased is issued to the petitioner herein Frank-Peter Ludwig Christian, of Ludwig Strasse, Traunschtein, Germany on conditions that:
a. The grant shall be limited strictly to collecting, preserving, protecting and recovering the assets of the estate of the deceased including authority to institute, defend or participate in legal proceedings necessary for collection, preservation, protection or recovery of the estate assets of the late Thomas Sollacher (Deceased)
b. The grant shall not authorize distribution, transfer, sale, subdivision or sharing of any of the assets of the estate among beneficiaries.
23. The costs of the petition shall be borne by the petitioner and to be recovered from the estate once a full grant is issued.
24. Orders accordingly.
25. Dated, signed and delivered on Court’s Virtual Platform, Case Trucking System (CTS) this 21 st September 2026.
ANDAYI W.F
JUDGE
HC FP&A E012/2026 Page 7/Ad Colligenda bona
IN THE HIGH COURT OF KENYA AT KWALE
PROBATE & ADMINISTRATION CAUSE NO. E012 OF 2026
IN THE MATTER OF THE ESTATE OF THOMAS SOLLACHER (DECEASED)
PETITION FOR A GRANT AD COLLIGENDA BONA
RULING
1. Frank-Peter Ludwig Christian, of Ludwig Strasse, Traunschtein, Germany is brother to the late Thomas Sollacher (Deceased) who died at Paracelsus Medical University, Salzburg, Austria, on 12 th March 2026 as per a copy of the original certificate of death of the deceased as translated as per the copy of the certified of translation of the death certificate, and a copy of the confirmation of death dated 17 th March 2026 issued by the Uniklinikum Salzburg.
2. Frank-Peter has petitioned this court for a Limited Grant of Letters of Administration Ad Colligenda bona for the estate of Thomas Sollacher (Deceased). The petition is dated 17 th September 2026 and is filed Under Rule 36 (3) of the Probate and Administration Rules. It is averred therein that the deceased died domiciled in Diani, Kwale and the grant is limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate of the deceased and until further representation be granted.
3. The petitioner further avers that he presents the petition in his capacity as the brother of the deceased, having obtained the consent of their mother, Christa Sollacher who has given him consent for him to take out the limited grant and by reason of the fact that owing to the special circumstances of the case, the urgency of the matter as deposed in his supporting affidavit filed together with the petition, is so great that it would not be possible for the court to make a full grant in sufficient time to meet the necessities of the estate of the deceased.
4. Further that he will faithfully administer according to law all the estate of the deceased which by law devolves to and vests in his personal representative and no further or otherwise and will render a just and true account thereof whenever required by law so to do, and he will when required by the court to do so deliver up thereto the said grant. This averment is however unnecessary as it is not applicable to the limited grant under consideration herein.
5. It is further averred that there is urgency in the said petition in order to consolidate and preserve the estate of Thomas Sollacher (Deceased) to prevent the estate from being wasted or intermeddled with and particularly, an account with Diamond Trust Bank. That third parties are intermeddling with the said property of the deceased by withdrawing and using monies of the deceased from the various bank accounts without letters of administration or any other lawful authority and unless the limited grant is issued the estate is likely to be completely dissipated by the intermeddlers. Further that the estate of the deceased will go to waste since no person has the locus standi to consolidate and preserve the estate.
6. The petitioner has filed a supporting affidavit sworn on 17 th September 2026. He deposes that the deceased died intestate and left no surviving spouse or children.
7. That the deceased left the following beneficiaries:
a. Christa Sollacher, the mother of the deceased and holder of a German Passport, passport number LFGWDX3KV. A copy of the biometric page of the passport is annexed.
b. Frank-Peter Ludwig Christian, the elder brother and eldest sibling of the Deceased and holder of a German Passport, passport number CFHL2PHJO. A copy of the biometric page of the passport is annexed.
c. Karoline Andrea Charlotte, the elder sister of the deceased and holder of a German Passport, passport number LFGWV7923. A copy of the biometric page of the passport is annexed.
8. That the Traustein District Court in Germany has already determined that the deceased’s mother, Christa Sollacher is entitled to half of the deceased's estate, and Karoline Andrea and the petitioner are entitled to a quarter each. A copy of the certified copy of the translated Certificate of Inheritance is annexed.
9. That the only person having a higher priority than him to take out the grant is their mother, Christa Sollacher. She has given him consent for him to take out the limited grant. A copy of the consent signed by Christa Sollacher is annexed.
10. That the only person having an equal priority to him to take out the grant is his younger sister, Karoline Andrea Charlotte. She has not given her consent for him to take out the limited grant.
11. That as far as he is aware of at the time of filing the petition the deceased had the following assets and liabilities at the date of his death
a. Bank account held at Diamond Trust Bank.
b. Interest in the property located in Diani, Kwale County, known as Plot No. 118.
c. Interest in the property located in Diani, Kwale County, known as Plot No. 117.
d. Interest in the property located in Diani, Kwale County, known as Plot No. 1380.
e. One ordinary share in Nzela Limited registered under Company Number CPR/2010/73119.
f. Seventy-Five ordinary shares in Diani Marine Limited registered under Company Number C. 37176.
12. That the value of the estate of the deceased is estimated to be KShs. 75,000,00/=.
13. That there is a need for the court to issue a grant ad colligenda bona to ensure that the estate of the deceased is collected and preserved pending the court issuing letters of grant of representation.
14. He deposes further that he will not deal with the estate of the deceased in any other way other than to collect and preserve the same
15. I have considered the petition, the supporting affidavit and the annexures thereto. The issue for determination is whether the petition has merit.
16. Section 67 of the Law of Succession Act (Cap. 160) Laws of Kenya provides with respect to notice of application for grant that:
S. 67. (1) No grant of representation, other than a limited grant for collection and preservation of assets, shall be made until there has been published notice of the application for such grant, inviting objections thereto to be made known to the court within a specified period of not less than thirty days from the date of publication, and the period so specified has expired.
(2) A notice under subsection (1) shall be exhibited conspicuously in the court-house, and also published in such other manner as the court directs.
17. From this section, application for a limited grant of letters of administration for collection and preservation of assets, such as the present one is exempt from publication of a notice inviting objections to the issuance thereof.
18. Rule 36 of the Probate and Administration Rules provides for Grant ad colligenda bona as follows:
R. 36. (1) Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be entitled thereto in sufficient time to meet the necessities of the case, any person may apply to the court for the making of a grant of administration ad colligenda bona defuncti of the estate of the deceased.
(2) Every such grant shall be in Form 47 and be expressly limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made.
(3) Application for such a grant shall be by petition in Form 85 signed by the applicant in the presence of not less than two adult witnesses supported by an affidavit containing the material facts together with the reasons for the application and showing the urgency of the matter and shall be made at the principal registry or at the Mombasa, Kisumu, Nakuru, Nyeri, Kisii, Kakamega, Meru, Machakos, Eldoret and Bungoma registries.
(4) The provisions of rule 7(4) shall not apply to applications under this rule.
(5) Copies of the proceedings and of the grant when issued shall be served upon such persons (if any) and in such manner as the court shall direct.
19. The registries at which such petition may be lodged as outlined above are in my view the High Court stations existing in the country at the time when the Rule was last amended in 2002 vide L.N. No. 143 of 2002, r. 2. Many more High Court stations have been established since then including the High Court at Kwale in line with the constitution’s edict in article 48 that the State shall ensure access to justice for all persons. Under Article 165(3)(a) of the constitution the High Court has unlimited original jurisdiction in criminal and civil matters. For those reasons, though noted listed under Rule 36(3) above, this court has jurisdiction to determine the issue of grant of letters of administration Ad colligenda bona under section 67 of the Act and Rule 36 of the Probate and Administration Rules.
20. As provided for under Rule 36(2), a Grant of Letters of Administration ad colligenda bona is limited for the purpose only of collecting and getting in and receiving the estate and doing such acts as may be necessary for the preservation of the estate and until a further grant is made. As such, it cannot be used to distribute the assets of the estate of the deceased as was held in the case of In re estate of Antony Shem Otieno Odhiambo (Deceased) [2015] KEHC 2080 (KLR) where the High Court, Musyoka, J. emphasized that such grant does not leave room for anything else other than collection of the estate and its preservation.
21. I have considered the petition, the supporting affidavit and the annexures thereto and the provisions of the law with respect to a limited grant ad corrigenda bona defuncti . I am satisfied that the petitioner has demonstrated that as a beneficiary of the deceased’s estate as a brother, and having obtained the consent of the deceased’s mother who ranks higher in priority to him, he is entitled to a full grant of representation to the deceased’s estate and therefore to the limited grant ad colligenda bona defuncti applied for herein. I am satisfied of the great urgency and necessity to warrant the issuance the grant of administration ad colligenda bona defuncti of the estate of the deceased for purposes of preserving, protecting and recovering the assets of the estate of the deceased.
22. Consequently, the said limited grant of letters of administration ad colligenda bona defuncti of the estate of the deceased is issued to the petitioner herein Frank-Peter Ludwig Christian, of Ludwig Strasse, Traunschtein, Germany on conditions that:
a. The grant shall be limited strictly to collecting, preserving, protecting and recovering the assets of the estate of the deceased including authority to institute, defend or participate in legal proceedings necessary for collection, preservation, protection or recovery of the estate assets of the late Thomas Sollacher (Deceased)
b. The grant shall not authorize distribution, transfer, sale, subdivision or sharing of any of the assets of the estate among beneficiaries.
23. The costs of the petition shall be borne by the petitioner and to be recovered from the estate once a full grant is issued.
24. Orders accordingly.
25. Dated, signed and delivered on Court’s Virtual Platform, Case Trucking System (CTS) this 21 st September 2026.
ANDAYI W.F
JUDGE
HC FP&A E012/2026 Page 7/Ad Colligenda bona