In re Estate of Mwangi Kambogo (Deceased) [2018] KEHC 8007 (KLR)

IN THE HIGH COURT OF KENYA AT MURANG’A

SUCCESSION CAUSE NO 878 OF 2013

(FORMERLY NYERI HC SUCCESSION CAUSE NO 72 OF 2012)

IN THE MATTER OF THE ESTATE OF MWANGI KAMBOGO- DECEASED

GICHOHI MWANGI…………….............……....ADMINISTRATOR/APPLICANT

VERSUS

SIMON IRUNGU JOSHUA……….......………………………………PROTESTOR

F I N A L  J U D G M E N T

1.  Further to the preliminary judgment in this cause dated 22nd and delivered on 23rd September 2016, it was noted on 08/03/2017 when the matter came up for mention that the Protestor Simon Irungu Joshua had not filed any proceedings in the Environment and Land Court or in any other appropriate court to pursue his claim in the Deceased’s estate herein.  At any rate no such proceedings have been served upon the Administrator or exhibited to court.

2. I will in the event allow the summons filed on 03/12/2013 for confirmation of grant.  The grant of letters of administration intestate made on 26/04/2012 to Gichohi Mwangi is hereby confirmed.  Distribution shall be as proposed at paragraph 6 of the supporting affidavit.  It is so ordered.  Parties shall bear their own costs of these proceedings.

DATED AND SIGNED AT MURANG’A THIS 16TH DAY OF MARCH 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 24TH DAY OF MARCH 2017