The Plaintiff’s application dated 17.05.2023 seeks an order for security for costs against the administrators of an estate on account of fees owed to them. Having heard counsel for the Plaintiff, I decline to grant the order as this would amount to interference with the estate and since the fees were due from the administrators, they should be claimed from the estate before distribution. Further any interim relief should be sought in the Succession Cause. Directing the Administrator to provide security qua administrator would unduly prejudice the other beneficiaries of the estate who have a right to be heard. The application dated 17.05.2023 is therefore dismissed with no order as to costs.
Mention 29.01.2024 before the DR for directions.
DATED and DELIVERED at NAIROBI THIS 6th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE