In Re Estate of Wanza Muli (Deceased) [2014] KEHC 3516 (KLR)

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO. 270   OF 2001

IN THE MATTER OF THE ESTATE OFWANZA MULI(DECEASED)

KISESI MULI MUTUA…………………………………..……………..APPLICANT

RULING

In an application dated the 25th March, 2013 the applicant seeks an order that the 3rd petitioner (Ndungulu Muli Mutua) now deceased be substituted by Kisesi Muli Mutua, the applicant herein as the legal representative of the estate of Wanza Muli.

The application is premised on grounds that the 3rd petitioner died before Letter 41 in this matter had been issued and it is in the interest of justice to have it done so as to pursue the issue of Confirmation of the Grant of Administration Intestate.

The application is supported by an affidavit deposed by the applicant whereby he reiterates the need to have the Succession Cause pursued to conclusion.

Beneficiaries who were present in court consented to the order sought being granted. There is proof of the demise of Ndungulu  Mulu Mutua vide Death certificate No.14696.

In the premises I do allow the application as prayed.

It is so ordered

DATED, SIGNEDand DELIVERED at MACHAKOS this 4TH day of JULY 2014.

L.N. MUTENDE

JUDGE