Muema Kitulu T/A Muema Kitulu & Co. Advocates v Jonatthan Kavatha Ndolo [2014] KEHC 5914 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO. 584 OF 2012

IN THE MATTER OF THE ESTATE OF PETER DWIKO ALSO KNOWN AS PETER DWIKO

ALSO KNOWN AS PETER DWIKO NDOLO AND ALSO KNOWN AS PETER DOLO DWIKO  (DECEASED)

MUEMA KITULU T/A MUEMA KITULU & CO. ADVOCATES …………………………….........……………………..……..… CITOR/APPLICANT

VERSUS

JONATTHAN KAVATHA NDOLO  .............................................................................................................................................................. RESPONDENT

R U L I N G

The application dated 13/8/2012 is brought under Rule 22 (5) A of the Probate and Administration Rules and all the other enabling provisions of the law.

The application seeks an order that leave do issue to the Citor/Applicant to petition to this Honourable Court for grant of letters of administration in respect of the deceased’s estate in favour of Jonathan Kavatha Ndolo.

The application is supported by the affidavit sworn on 13/8/2012 by the counsel for the Applicant.  According to the said affidavit, the Respondent was served with the citation but failed to enter appearance.  I am satisfied that the application was served as per the affidavit of service sworn by the process server on 27/9/13.

With the foregoing, I allow the application with costs.

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B. THURANIRA JADEN

JUDGE

Dated and delivered at Machakos this 12thday of March 2014.

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B. THURANIRA JADEN

JUDGE