In re Estate of Hazoron Koori Chiuri alias Kori S/O Chiuri (Deaceased) [2020] KEHC 1046 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

SUCCESSION CAUSE No. 545 Of 2014

IN THE MATTER OF THE ESTATE OF HAZORON KOORI CHIURI Alias KORI S/O CHIURI (DEACEASED)

DICKSON GITHINJI KORI................................PETITIONER/APPLICANT

VERSUS

PETER WAIRIUKO KOORI...........................PROTESTOR/RESPONDENT

RULING

1. The application is dated the 20/05/2019 and is premised under the provisions of Rules 49 and 73 of the Probate and Administration Rules.

2. The applicant avers that he is one of the administrators of the estate of the Deceased; and relies on the grounds on the face of the application and on the supporting affidavit dated the 20/05/2019

3. The applicant seeks for an order of this court authorizing the Deputy Registrar of this court to execute the transmission documents on behalf of Peter Wariuko Kori who has refused to sign the necessary documents to effect distribution and transmission of the Deceased’s estate in accordance with the Confirmed Certificate of Grant.

4. Upon perusal of the court record this court notes that the said Peter Wariuko Korihad appended his signature to the Consent and had therefore consented to the mode of distribution of the deceased estate, the distribution of the estate was therefore a settled matter and subsequently the Certificate of Confirmation of the Grant was issued by this court on 4th December, 2018

5. The application is also un opposed and therefore application is hereby allowed on the following terms:-

(i) The Deputy Registrar High Court Nyeri  is hereby authorized to sign the Transfer Documents, the Mutation Forms, and any Consents on behalf of PETER WARIUKO KORI  for the purposes of transmission and distribution of the deceased’s Estate.

Orders Accordingly

Dated, Signed and Delivered Electronically at Nyeri this 25TH  day of November, 2020.

HON. LADY JUSTICE  A. MSHILA

JUDGE