[2014] KEHC 5914 (KLR)
The court found that the respondent was properly served with the citation as evidenced by the affidavit of service. Since the respondent failed to enter appearance or respond to the citation, the applicant was entitled to seek leave to petition for grant of letters of administration. The court exercised its...
Source-derived case information.
- Citation
- [2014] KEHC 5914 (KLR)
- Parties
- Applicant: Muema Kitulu t/a Muema Kitulu & Co. Advocates; Respondent: Jonathan Kavatha Ndolo
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 584 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to Petition for Grant of Letters of Administration
- Outcome
- Application allowed with costs.
- Judges
- BT Jaden
- Legal Topics
- Probate and Administration, Citation Procedure, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muema Kitulu t/a Muema Kitulu & Co. Advocates
Applicant
Jonathan Kavatha Ndolo
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Leave to Petition for Grant of Letters of Administration
Legal Issues
- 1 Whether the applicant should be granted leave to petition for grant of letters of administration in respect of the deceased's estate.
- 2 Whether the respondent was properly served with the citation and failed to enter appearance.
Ratio Decidendi
The court found that the respondent was properly served with the citation as evidenced by the affidavit of service. Since the respondent failed to enter appearance or respond to the citation, the applicant was entitled to seek leave to petition for grant of letters of administration. The court exercised its discretion under Rule 22(5)(a) of the Probate and Administration Rules and allowed the application, granting the applicant leave to petition for the grant in respect of the deceased's estate.
Court Disposition
Application allowed with costs.
Orders
- Leave is granted to the applicant to petition for grant of letters of administration in respect of the deceased's estate.
- The application is allowed with costs.
Full Case Text
Judgment text and source record
20 paragraphs
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.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 12thday of March 2014.
………………………………………
B. THURANIRA JADEN
JUDGE