In Re The Matter Of The Estate Of Daniel Musyoka Wambua And Teresia Kalondu Musyoka (Deceased) [2014] KEHC 3430 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO  429  OF 2009

IN THE MATTER OF THE ESTATE OFDANIEL MUSYOKA WAMBUAANDTERESIA KALONDU MUSYOKA (DECEASED)

ALEX MBEVA MUSYOKA………………………………………….....1ST APPLICANT

MUTUA MUSYOKA……………………………………………………..2ND APPLICANT

SAMUEL WAMBUA MUSYOKA………………………………….…3RD APPLICANT

RULING

In an application dated 7th July, 2014, Alex Mbeva Musyoka seeks this courts leave to substitute Teresia Kalondu Musyoka(deceased) as the administrator of the estate of Daniel Musyoka Wambua.

The application is premised on the ground that the Petitioner/Administratix of the estate, Teresia Kalondu Musyokadied on the 24th June, 2014.  In the supporting affidavit he avers the Teresiah Kalondu Musyoka their mother was the administratix of the estate of their late father and having passed on she must be substituted.

Having considered the application, I find that a burial permit No 33811 was issued in respect of Teresiah Kalondu  Musyokawho died on the  24th June, 2014 aged 60 years.  The applicant’s siblings who were present in court have identified the applicant as the person who should substitute their mother.

In the premises, I do allow the application as prayed.

DATED, SIGNEDand DELIVERED at MACHAKOS this 11THday of JULY 2014

L.N. MUTENDE

JUDGE