[2014] KEHC 3516 (KLR)
The court found that the death of the 3rd petitioner, Ndungulu Muli Mutua, necessitated the substitution to allow the succession cause to proceed to confirmation of grant. The applicant, Kisesi Muli Mutua, provided proof of the 3rd petitioner's death and demonstrated the need for substitution. The beneficiaries...
Source-derived case information.
- Citation
- [2014] KEHC 3516 (KLR)
- Parties
- Applicant: Kisesi Muli Mutua; Respondent: Ndungulu Muli Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 270 of 2001
- Procedural Posture
- Succession Cause / Ruling on Substitution Application
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Grant of Administration, Substitution of Legal Representative, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kisesi Muli Mutua
Applicant
Ndungulu Muli Mutua
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant should be substituted as the legal representative of the estate of Wanza Muli following the death of the 3rd petitioner.
- 2 Whether the substitution is necessary for the continuation and conclusion of the succession proceedings.
Ratio Decidendi
The court found that the death of the 3rd petitioner, Ndungulu Muli Mutua, necessitated the substitution to allow the succession cause to proceed to confirmation of grant. The applicant, Kisesi Muli Mutua, provided proof of the 3rd petitioner's death and demonstrated the need for substitution. The beneficiaries present in court consented to the application. The court, satisfied that the substitution was in the interest of justice and necessary for the proper administration of the estate, allowed the application as prayed.
Court Disposition
application allowed
Orders
- The applicant, Kisesi Muli Mutua, is substituted as the legal representative of the estate of Wanza Muli in place of the deceased 3rd petitioner, Ndungulu Muli Mutua.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 270 OF 2001
IN THE MATTER OF THE ESTATE OFWANZA MULI(DECEASED)
KISESI MULI MUTUA…………………………………..……………..APPLICANT
RULING
In an application dated the 25th March, 2013 the applicant seeks an order that the 3rd petitioner (Ndungulu Muli Mutua) now deceased be substituted by Kisesi Muli Mutua, the applicant herein as the legal representative of the estate of Wanza Muli.
The application is premised on grounds that the 3rd petitioner died before Letter 41 in this matter had been issued and it is in the interest of justice to have it done so as to pursue the issue of Confirmation of the Grant of Administration Intestate.
The application is supported by an affidavit deposed by the applicant whereby he reiterates the need to have the Succession Cause pursued to conclusion.
Beneficiaries who were present in court consented to the order sought being granted. There is proof of the demise of Ndungulu Mulu Mutua vide Death certificate No.14696.
In the premises I do allow the application as prayed.
It is so ordered
DATED, SIGNEDand DELIVERED at MACHAKOS this 4TH day of JULY 2014.
L.N. MUTENDE
JUDGE