In Re The Matter Of The Estate Of Ndambuki Mwalavu (Deceased) [2014] KEHC 6346 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO. 63 OF 2010

IN THE MATTER OF THE ESTATE OF NDAMBUKI MWALAVU (DECEASED)

JOSEPHINE NZISA NDAMBUKI

JOSHUA KIOKO NDAMBUKI..........PETITIONERS/ADMINISTRATORS

R U L I N G

A grant of letters of administration intestate was made to Josephine Kioko Ndambuki in respect of the estate of Ndambuki Mwalavu on 18th May 2011.

It is now the prayer of the applicant that there was an error.  In the application dated 25th November 2013 the applicants seek rectification of the grant to indicate it was issued to Josphine Nzisa NdambukiandJoshua Kioko Ndambuki.

At the time of institution of the succession cause, the Petitioners were Josephine Nzisa Ndambuki and Joshua Kioko Ndambuki. It is apparent that it was an error.

In the premises the application is meritorious.  The grant be and is hereby rectified to read Josephine Nzisa Ndambuki and Joshua Kioko Ndambuki as personal representatives of the deceased.

It is so ordered.

DATED, SIGNEDand DELIVERED at MACHAKOS this 28 TH    day of JANUARY, 2014.

L.N. MUTENDE

JUDGE