In re Estate of Mungai Kiarie (Deceased) [2018] KEHC 2779 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

SUCCESSION CAUSE NUMBER 494 OF 2012

IN THE MATTER OF THE ESTATE OF MUNGAIKIARIE (DECEASED)

SAMSON MBURU MUNGAI...........................................APPLICANT

VERSUS

BEN GATEIYA MUNGAI.............................................RESPONDENT

RULING

Upon consideration of the application dated 20/6/2016 and for reasons stated in the supporting affidavit, I am persuaded that the orders sought are merited and will go a long way in facilitating the effective and expeditious administration of the estate herein.

I accordingly allow the summons dated 20/6/2016 in terms of prayer 2 & 3.  Costs shall be in the cause.

There shall be a further order that a summons do issue on Ben Gateiya Mungai to appear in court on a date to be set by court to confirm compliance with the orders herewith which compliance shall be in any event not later than 21 days hereof.

A. K. NDUNG’U

JUDGE

Ruling delivered in open court this 30/10/2018 as the trial judge was away on official duty on 24/10/2018.

A. K. NDUNG’U

JUDGE