In re Estate of Amos Mwangi Githigia (Deceased) [2015] KEHC 45 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

SUCCESSION CAUSE NO 694 OF 2015

IN THE MATTER OF THE ESTATE OF AMOS MWANGI GITHIGIA....DECEASED

JOSEPH KARANJA MWANGI..........................................................PETITIONER

RULING

Joseph Karanja Mwangi (hereinafter the petitioner) petitioned this court for a grant of  letters of administration ad Litem in the estate of Amos Mwangi Githigia who died on the 10th January 2015.

In the supporting affidavit the petitioner has indicated that the deceased was a party in High Court Civil Appeal No. 184 of 2010.  He adds that unless a legal representative is appointed, the said suit risks abatement with the lapse of 1 year.

I have considered the petition and the supporting affidavit.  It is in the interests of the estate of the deceased herein that substitution be made in High court civil Appeal No. 184 of 2010 and thus the petition herein is merited.

Consequently allow a grant of letters of administration ad litem to the applicant.  The said grant is limited for the purposes of High Civil Appeal No. 184 of 2010 only.

Dated, Signed and Delivered at Nakuru  this 20th day of November, 2015.

A. K. NDUNGU

JUDGE