In re Estate of Hellen Adhiambo Masime (Deceased) [2024] KEHC 2145 (KLR)

In re Estate of Hellen Adhiambo Masime (Deceased) (Succession Cause 820 of 2015) [2024] KEHC 2145 (KLR) (4 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2145 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 820 of 2015

RE Aburili, J

March 4, 2024

IN THE MATTER OF THE ESTATE OF HELLEN ADHIAMBO MASIME – DECEASED AND IN THE MATTER OF APPLICATION

In the matter of

Wilson Ndolo Ayah

Applicant

Ruling

1. In this matter, the estate is that of Hellen Adhiambo Masime – deceased. The Petitioner is Wilson Ndolo Ayah who was the Citor in P&A Citation No. 615 of 2011.

2. The order granting leave to the Citor to file a Petition for letters of administration Intestate as issued on 10th October 2014 was clear that the Petition was to be filed within 60 days of 10th October 2014.

3. The Petition was filed on 30th July 2015 which was beyond the 60 days granted by the court.

4. What that means is that the Petition was filed out of time without leave of court to extend that period. The petition was therefore incompetent in limine; and was amenable for striking out.

5. That notwithstanding, no grant of letters of administration intestate were ever issued in this cause where the petitioner is also deceased and there has been no substitution.

6. For the above reasons, this petition as filed on 30th July 2015 is hereby struck out for being incompetently filed and the file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF MARCH, 2024R. E. ABURILIJUDGE