In re Estate of John Omulwani Amunabi (Deceased) [2022] KEHC 10003 (KLR)

In re Estate of John Omulwani Amunabi (Deceased) (Succession Cause 503 of 2000) [2022] KEHC 10003 (KLR) (13 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10003 (KLR)

Republic of Kenya

In the High Court at Kakamega

Succession Cause 503 of 2000

WM Musyoka, J

May 13, 2022

IN THE MATTER OF THE ESTATE OF JOHN OMULWANI AMUNABI (DECEASED)

Ruling

1. I gave directions on November 2, 2021, that I would determine the application, dated March 15, 2021, ahead of that dated August 17, 2020, as I had already given directions on its disposal.

2. I have now read through the application dated August 17, 2020, and noted that it questions the soundness of mind of the administratrix, who is the applicant in the application dated March 15, 2021, to administer the estate. The application dated March 15, 2021 is about orders being made to remove a caution, which relate to administration of the estate. Should it turn out that the administratrix is not of sound mind, then questions would arise about her capacity to bring the application dated March 15, 2021.

3. For abundance of caution, I am persuaded that I should refrain from determining the application dated March 15, 2021, and direct that the same be disposed of simultaneously with that dated August 17, 2020. It is so ordered.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 13TH DAY OF MAY 2022W. MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Nyikuli, instructed by Nyikuli Shifwoka & Co., Advocates, for the administratrix.Mr. Khayumbi, instructed by JJ Khayumbi & Company, Advocates for David Amunabi.Mr. Osango, instructed by Osango & Company, Advocates for David Amunabi John.