[2016] KEHC 1800 (KLR)
The court found that the Citees, having been duly served with the Citation and Notice of Mention, failed or refused to enter appearance or attend court. In accordance with the Law of Succession Act and established procedure, such failure entitles the Citors to seek leave to petition for letters of administration....
Source-derived case information.
- Citation
- [2016] KEHC 1800 (KLR)
- Parties
- Applicant: Sebastian Kioko Nzioka; Applicant: Johnbosco Kilonzo Mulandi; Respondent: Maithya Kasiva; Respondent: Mukulu Kioko; Respondent: Wanza Muthiani; Respondent: Waeni Maweu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 163 of 2015
- Procedural Posture
- Succession Cause / Ruling on Citation to Accept or Refuse Letters of Administration
- Outcome
- Citors granted leave to petition for letters of administration; petition to be filed within thirty days.
- Judges
- DO Ogembo
- Legal Topics
- Probate and Administration, Citation Procedure, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sebastian Kioko Nzioka
Applicant
Johnbosco Kilonzo Mulandi
Applicant
Maithya Kasiva
Respondent
Mukulu Kioko
Respondent
Wanza Muthiani
Respondent
Waeni Maweu
Respondent
Procedural Posture
Succession Cause / Ruling on Citation to Accept or Refuse Letters of Administration
Legal Issues
- 1 Whether the Citees, having failed or refused to enter appearance or attend court, have forfeited their right to petition for letters of administration in the estate.
- 2 Whether the Citors should be granted leave to petition for letters of administration of the deceased's estate.
Ratio Decidendi
The court found that the Citees, having been duly served with the Citation and Notice of Mention, failed or refused to enter appearance or attend court. In accordance with the Law of Succession Act and established procedure, such failure entitles the Citors to seek leave to petition for letters of administration. The court therefore granted the Citors leave to petition for letters of administration in the estate of the deceased, directing that the petition be filed within thirty days.
Court Disposition
Citors granted leave to petition for letters of administration; petition to be filed within thirty days.
Orders
- The Citors have leave to petition for letters of administration in the estate.
- The petition should be taken out within thirty (30) days from the date of the ruling.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 163 OF 2015
IN THE MATTER OF THE ESTATE OF KASIVA ITHAU aliasTIMOTHY KASIVA ITHAU – DECEASED
1. SEBASTIAN KIOKO NZIOKA
2. JOHNBOSCO KILONZO MULANDI .…………………….CITORS
VERSUS
1. MAITHYA KASIVA
2. MUKULU KIOKO
3. WANZA MUTHIANI
4. WAENI MAWEU …………………………………................CITEES
RULING OF THE COURT
1. Pursuant to the Citation to accept or refuse Letters of Administration dated 27th March, 2015 and filed herein on 19th March, 2015 this court directed the same to be served upon the Citees named therein on 6th July, 2015, the Citees have failed or refused to enter appearance.
2. The Citor also caused a Notice of Mention of the matter to be served upon the Citees on 5th September, 2016 for Mention on 10th October, 2016for directions pursuant to Affidavit of Service filed herein on 10th October, 2016. However the Citees did not attend court.
3. It is now hereby ruled, ordered and directed that the Citors have leave to Petition for Letters of Administration in the estate.
4. The Petition should be taken out within thirty (30) days from the date hereof.
Orders accordingly.
DATED, SIGNED AND DELIVERED THIS 2ND DAY OF NOVEMBER, 2016
E.K.O. OGOLA
JUDGE
In the presence of;
M/S Ngatia holding brief for M/S Mutua for Citors
Court Assistant – Mr. Munyao