In re Estate of Raphael Opell Kinda Kinda (Deceased) [2016] KEHC 7088 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

SUCCESSION CAUSE NO. 861 OF 2014

IN THE MATTER OF THE ESTATE OF RAPHAEL OPELL KINDA KINDA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION BY REDEMTA AKINYI OGAMBO

AND MARY OUNGA NDEDA

RULING

By the summons dated 18th May 2015 the applicant seeks an order for extension of the Letters of Administration Ad Litem issued by this Court on 25th September 2015.  The gist of the application is that the said letters expired before they could file the suit in the High Court as directed by the lower court in Siaya SPM ELC No. 14 of 2014.

The application is made exparte under Sections 47 and 54 of the Law of Succession Act and rules 49, 67 and 73 of the Probate and Administration Rules.

I have considered the grounds on the face of the application, the supporting affidavit and the provisions of the law cited and I am satisfied that the application has merit.  The same is allowed.

E. N. MAINA

JUDGE

28/1/2016

Signed, dated and delivered in open Court this 28th day of January 2016

in presence of:-

Mr. Nyanga for Wakla for Plaintiff

CC:  Felix