In Re Estate of Christopher Matata Musyoka [2015] KEHC 4918 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO.2845 OF 2014

IN THE MATTER OF THE ESTATE OF CHRISTOPHER MATATA MUSYOKA (DECEASED)

RULING

The applicant seeks a limited grant and authority to operate the deceased’s account  No. [particulars withheld] KCB for purposes of settling salaries and rents. The petitioner also seeks to be allowed to be signatories of the said account for purposes of operations of Capital Bridges Limited.

I have read the affidavit of Samson Musyoka Kilonzo. He has stated why he is seeking the said orders. The amount of salaries is not disclosed. The rents demands are attached.  The deceased died in August 2014. The applicants were granted a limited grant ad litem under Section 54 of the Law of Succession Act Cap 160. What the applicant needs to do is to complete the process of getting a full grant and having the same confirmed. I therefore decline to grant the orders sought. Let the applicant comply with the relevant provisions of law. Have the same gazette and proceed and get the full grant confirmed. This matter will be mentioned in 30 days to find out whether the applicant has complied. No orders as to costs.

It is so ordered.

Dated signed and delivered this    22nd   day of  April  2015.

R. E OUGO

JUDGE

In the presence of:

…………………..………..……………………….…………..the Petitioner

………………………..………………………………………..…Court clerk