In re Estate of David Mwanzui Wambua (Deceased) [2019] KEHC 9142 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITUI

SUCCESSION CAUSE NO. 6 OF 2016

IN THE MATTER OF THE ESTATE OF DAVID MWANZUI WAMBUA (DECEASED)

SALOME MUSANGI MWANZUI...............................PETITIONER

R U L I N G

1. David Mwanzui Wambua(Deceased), died domiciled in Kenyaon 13thday of March, 1993. A grant of Letters of Administration Intestate in respect of his Estate was issued to Salome Musangi Mwanzuion the 30th April, 2015.

2. On the 12thday of November, 2018the Administratix of the Estate of the Deceased filed summons for Confirmation of Grant.  In a Further Affidavit in support of the grant the Petitioner/Administratix of the Estate deposed that the Deceased was survived by:

Tabitha Mwanzui (Deceased).

Kambua Mwanzui.

Salome Musangi Mwanzui.

Wambua Mwanzui.

Kalekye Mwanzui.

Taabu Mwanzui (Deceased).

3. Assets forming the Estate of the Deceased were identified as:

Land Parcel No. Mulango/Kavisuni/537.

Plot No. 24 Kavisuni Market.

An unregistered Plot at Mombasa.

4. She proposed to hold the properties in trust for her siblings.  One of the Applicant’s siblings, Wambua Mwanzuidid not sign a consent to the Application.  He was however duly notified of the Application by a Process Server, Petronillar K. Mutie.  Having not filed a Protest, orders sought should issue.

5. In the premises I do confirm the grant as prayed.

6. It is so ordered.

Dated, Signedand Deliveredat Kituithis 18thday of February,2019.

L. N. MUTENDE

JUDGE