NYAGA KARINGI v MARTIN NJAGI KARINGI & NICETA MUTHANJE [2008] KEHC 865 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

Misc. Appli. 16 of 2003

NYAGA KARINGI………………...........……………………….APPLICANT

VERSUS

MARTIN NJAGI KARINGI….……………………………..RESPONDENT

NICETA MUTHANJE………..……………………INTERESTED PARTY

RULING

The applicant filed the application headed “SUMMONS FOR REVOCATION OF GRANT” on 26/3/2003.

Prayer (1) of the application read:-

“That the grant of letters of Administration to Martin Njagi Karingi

made on 19/8/2002 in Resident magistrate’s Court of Kenya

at Runyenjes in Succession Cause No.26 of 2002 on the

ground.”

This is clearly not a prayer and the court does not know what the applicant is seeking from the court.  Entertaining such an application when the same has been drawn and filed by an advocate would amount to a mockery of all known Rules of procedure.

The same is therefore struck out with costs to the respondent and 3rd party.  The costs be taxed and paid before the applicant can be allowed to file any other application in this file.

W. KARANJA

JUDGE

Delivered, signed and dated at Embu this30th …day ofJuly2008

In Presence of:-