[2025] KEHC 17165 (KLR)
The court found that the application by the 2nd and 3rd administrators was duly served upon the respondent, who failed to respond. In the absence of opposition and with proof of service on record, the court exercised its discretion to allow the application as unopposed. No order as to costs was made, reflecting the...
Source-derived case information.
- Citation
- [2025] KEHC 17165 (KLR)
- Parties
- Applicant: Susan Karimi Ngige; Applicant: Caroline Waithera Ngigi; Applicant: Peter Karanja Ngigi; Respondent: ICDC
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 582 of 2009
- Procedural Posture
- Succession Cause / Ruling on Unopposed Application by 2nd and 3rd Administrators
- Outcome
- Application allowed as unopposed.
- Judges
- JM Nang'ea
- Legal Topics
- Administration of Estates, Grant of Letters of Administration, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Karimi Ngige
Applicant
Caroline Waithera Ngigi
Applicant
Peter Karanja Ngigi
Applicant
ICDC
Respondent
Procedural Posture
Succession Cause / Ruling on Unopposed Application by 2nd and 3rd Administrators
Legal Issues
- 1 Whether the unopposed application by the 2nd and 3rd administrators should be allowed.
Ratio Decidendi
The court found that the application by the 2nd and 3rd administrators was duly served upon the respondent, who failed to respond. In the absence of opposition and with proof of service on record, the court exercised its discretion to allow the application as unopposed. No order as to costs was made, reflecting the lack of contest and the nature of the proceedings.
Court Disposition
Application allowed as unopposed.
Orders
- The application dated 25th October 2024 by the 2nd and 3rd administrators is allowed.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of the Late Michael Ngige Karanja (Deceased) (Succession Cause 582 of 2009) [2025] KEHC 17165 (KLR) (12 February 2025) (Ruling)
Neutral citation: [2025] KEHC 17165 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 582 of 2009
JM Nang'ea, J
February 12, 2025
IN THE MATTER OF THE ESTATE OF THE LATE MICHAEL NGIGE KARANJA (DECEASED)
Between
Susan Karimi Ngige
1st Administrator
Caroline Waithera Ngigi
2nd Administrator
Peter Karanja Ngigi
3rd Administrator
and
ICDC
Respondent
Ruling
1. The 2nd and 3rd Administrators herein brought an application dated 25th October 2024. There is return of service filed proving that the application was served upon the Respondent who has not responded thereto.
2. As the application is unopposed, it is allowed with no order as to costs.
J. M. NANG’EA, JUDGE.Ruling delivered this 12thday of February, 2025 in the presence of:Mr. Keyonzo Advocate for the 2ndand 3rdAdministrators1stAdministrator, AbsentJ. M. NANG’EA, JUDGE.