Abdirahman Ali Muhamud v Nyokabi Mohamed, Nasra Nyokabi Mohamed, George Thiongo Mburu & Patrick Chege Mburu [2016] KEHC 7995 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA  AT NAIROBI

CIVIL DIVISION

CIVIL CASE NO. 112 OF 2016

ABDIRAHMAN ALI MUHAMUD...........................PLAINTIFF/RESPONDENT

VERSUS

NYOKABI MOHAMED............................................................DEFENDANT

NASRA NYOKABI MOHAMED........................2ND INTENDED DEFENDANT)

GEORGE THIONGO MBURU....3RD INTENDED DEFENDANT) APPLICANTS

PATRICK CHEGE MBURU.............................4TH INTENDED DEFENDANT)

(Suing as the administrators of the estate of the late Rahab Nyokabi Mungai Alias Nyokabi D/S Mungai Alias Rahab Nyokabi)

RULING

1. The application dated 20th May, 2016 principally seeks orders.

that this Honourable court be pleased to order the joinder of Nasra Nyokabi Mohamed, George Thiongo Mburu and Patrick Chege Mburu (the Administrators of the estate of the late Nyokabi Mungai) sued herein as the defendant as the 2nd, 3rd  and 4th Defendants in this suit.

2. According to the affidavit in support, the applicants are the Administrators of the estate of the defendant, Nyokabi Mungai who passed away on 3rd July, 2015.  The death certificate and the grant of letters of administration have been exhibited.

3. The application was not opposed.  No papers in opposition to the application were filed by the plaintiff/respondent or by the firm of Waruhiu K’owade & Nganga & Co. Advocates who are alleged to have purported to act for the deceased defendant.

4. The application has merits and is allowed as prayed.

5. Dated, signed and delivered at Nairobi this 28th day of July ,2016

B THURANIRA JADEN

JUDGE