REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 207 OF 2005
IN THE MATTER OF THE ESTATE OF JACINTA KARIMI ARITHI (DECEASED)
RULING
- The application dated 30th January 2013 is for the
substitution of a dead administrator and for correction of errors in the name of a beneficiary.
- The grant on record was made on 4th April 2005 to M'Arithi M'Marete. The grant was confirmed on 2nd June 2009. The said M'Arithi M'Marete is now said to be dead. There is a certificate of death to that effect attached to the application.
- It is proposed that he be replaced as such by Philiska Ncurubi M'Arithi, his widow.
- The name of the said Philiska Ncurubi M'Arithi is stated as Prisca Arithi in the certificate of confirmation of grant dated 2nd June 2009.
- I find merit in the application and grant the following orders:-
(1) that the grant made on 4th April 2005 is hereby revoked for having became useless and inoperative.
(2) that I appoint Philiska Ncurubi M'Arithi the administrator of the estate of Jacinta Karimi Arithi and direct that a grant of letters of administration intestate do issue to her.
(3) that the certificate of confirmation of grant shall be amended in the following respects:
(a) the name of Prisca Arithi shall be amended to read Philiska Ncurubi M'Arithi.
(b) the name of M'Arithi Marete shall be removed and replaced “with the estate of M'Arithi Marete.”
DATED, SIGNED and DELIVERED at NAIROBI this 23RD DAY OF DECEMBER, 2013.
W.M. MUSYOKA
JUDGE