In Re Estate of Mishek (Deceased) [2010] KEHC 2072 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)

Succession Cause 3182 of 2007

R U L I N G

I see a variation of the names of the deceased. In the documents filed he is named as MISHEK, while in the proceedings, he is referred as MESHACK. I see no affidavit or document that verifies that the two names belonging to one and the same person.

I therefore direct that before the application for confirmation can be dealt with, the issue of the names has to be clarified in the proceedings, to avoid future problems. I therefore mark the matter as stood over generally to enable the administrators address the issue of the variance of names first, before fixing the application for confirmation of grant for hearing. Stood over generally.

It is so ordered.

Dated at Nairobi this 27th day of January, 2010.

George Dulu

Judge.