[2017] KEHC 2203 (KLR)
The court found that the petitioners had satisfied the requirements for the issuance of letters of administration de bonis non, particularly in light of the presence of two minors whose interests must be safeguarded. The application was supported by affidavits, and no objection was raised. The court exercised its...
Source-derived case information.
- Citation
- [2017] KEHC 2203 (KLR)
- Parties
- Applicant: Johnson A. Mwangi Murege; Applicant: Simon Peter Muruandiri; Respondent: Elizabeth Wanjiku Murwandiri
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 858 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Grant of Letters of Administration De Bonis Non
- Outcome
- application allowed
- Judges
- NA Matheka
- Legal Topics
- Succession of Estates, Grant of Letters of Administration, Minors Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson A. Mwangi Murege
Applicant
Simon Peter Muruandiri
Applicant
Elizabeth Wanjiku Murwandiri
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Grant of Letters of Administration De Bonis Non
Legal Issues
- 1 Whether the petitioners are entitled to be issued with letters of administration de bonis non for the estate of Isabella Njambi Njogu.
- 2 Whether the interests of the minors involved in the estate are adequately protected.
Ratio Decidendi
The court found that the petitioners had satisfied the requirements for the issuance of letters of administration de bonis non, particularly in light of the presence of two minors whose interests must be safeguarded. The application was supported by affidavits, and no objection was raised. The court exercised its discretion to grant the letters to Elizabeth Wanjiku Murwandiri and Simon Peter Murwandiri Maina to ensure proper administration of the estate and protection of the minors' interests.
Court Disposition
application allowed
Orders
- Letters of administration de bonis non to issue to Elizabeth Wanjiku Murwandiri and Simon Peter Murwandiri Maina.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 858 OF 2009
IN THE MATTER OF THE ESTATE OF ISABELLA NJAMBI NJOGU (DECEASED)
JOHNSON A. MWANGI MUREGE
& SIMON PETER MURUANDIRI……………PETITIONERS
R U L I N G
Upon perusal of the petition filed on 27th April 2017, and the supporting affidavit of both petitioners – I note that there are two minors involved – and allow the application to the effect that the letters of administration de bonis non to issue to Elizabeth Wanjiku Murwandiri and Simon Peter Murwandiri Maina.
T. MATHEKA
JUDGE
Ruling read this 5/5/17 in open court
No appearance for parties but representative from law firm present.
T. MATHEKA
JUDGE
5/5/2017