In re Estate of the Late Teresiah Wangui Thuita (Deceased) [2025] KEHC 4700 (KLR) | Probate And Administration | Esheria

In re Estate of the Late Teresiah Wangui Thuita (Deceased) [2025] KEHC 4700 (KLR)

Full Case Text

In re Estate of the Late Teresiah Wangui Thuita (Deceased) (Citation Cause E008 of 2024) [2025] KEHC 4700 (KLR) (8 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4700 (KLR)

Republic of Kenya

In the High Court at Nyahururu

Citation Cause E008 of 2024

LN Mutende, J

April 8, 2025

IN THE MATTER OF THE ESTATE OF THE LATE TERESIAH WANGUI THUITA (DECEASED)

Between

Ignatius Maina Nduru

Citor

and

Elijah Mahianyu Thuita

Citee

Ruling

1. Ignatius Maina Nduru, the Citor, approached this court through an application dated 23rd August, 2024 seeking a citation to issue against the Citee Elijah Mahianyu Thuita to accept or refuse to take out Letters of Administration Ad-Litem of the Estate of Teresiah Wangui Thuita (Deceased) so as to be substituted as Respondent in Nakuru Civil Appeal No. 290 of 2019 between the Citor and the deceased.

2. The application is premised on grounds that the deceased died intestate domiciled at Silibwet Location in Nyandarua County. At the time of her demise she was a Respondent in Nakuru Civil Appeal No. 290 of 2019. That the Citee is known son and beneficiary of the estate of the deceased and there is need for substitution of the deceased Respondent in the matter.

3. That since the Respondent passed on, no succession proceedings have been initiated, hence there has been no appointment of a legal representative in respect of the deceased’s estate.

4. The Citee herein was served with the citation to accept or refuse to take out a grant as provided by Rule 22 of the Probate and Administration Rules. He neither responded nor appeared in court to object to the appointment as the legal representative of the deceased.

5. That being the case, I do nominate the Citee Elijah Mahianyu Thuita and grant him letters of Administration Ad-litem of the Estate of the deceased limited to substitution in the Civil Matter.

6. It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 8TH DAY OF APRIL, 2025. L.N. MUTENDEJUDGE