In re Estate of Kithome Mutyauvyu (Deceased) [2020] KEHC 8026 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

(FAMILY DIVISION)

SUCCESSION CAUSE NO 1844 OF 1998

IN THE MATTER OF THE ESTATE OF KITHOME MUTYAUVYU (DECEASED)

DANIEL MATUU KITHOME

DAVID KILONZO KITHOME.....ADMINISTRATORS

VERSUS

MUMBUA KITHOME

MUTISYA KITHOME...............................OBJECTORS

R U L I N G

1. The application subject of this ruling is dated 21st November, 2019 brought by the Objectors pursuant to Section 3Aand 63(e) of the Civil Procedure ActandRule 73 of the Probateand Administration Rules.

2. The application seeks to have the order dismissing the application for revocation of grant dated 17th May 2017 set aside, on grounds that the Objectors have at all times been ready to prosecute the objection and were absent on the 3rd of December 2018 for the reason that the 1st Objector was unwell and the Administrators’ counsel had communicated to the Objectors’ counsel that he would not be available.

3. The application was objected to by the Administrators and the Interested Party on grounds of inordinate delay, the document in support of the application being suspicious and the fact that the Applicants are not acknowledged heirs.

4. Having considered the application, the affidavit in support of the Objectors, the replying affidavit and the matter in its entirety I am convinced that the ends of justice will be met by allowing the application so that the mater may be heard on its merits.

The Application is therefore allowed.

5. The application dated 17th May 2017 be fixed for hearing forthwith.

6. Costs in the cause.

Dated and Delivered in Nairobi on this20TH day of FEBRUARY, 2020.

ALI-ARONI

JUDGE