In re estate of Ashford Njuguna Nduni (Deceased) [2017] KEHC 8018 (KLR)

In re estate of Ashford Njuguna Nduni (Deceased) [2017] KEHC 8018 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 1589 OF 1994

IN THE MATTER OF THE ESTATE OF ASHFORD NJUGUNA NDUNI (DECEASED)

RULING

1. The application for determination is dated 24th March 2015. It seeks substitution of a dead applicant by a person who alleges to have obtained representation ad litem to the estate of the dead applicant. There are documents attached, as proof of the death and the appointment.

2. The opposition to the application is on the grounds that the application by the dead applicant and her compatriots is either spent or overtaken by events, and therefore it would serve no purpose to have her substituted. 

3. I am satisfied that the particular applicant died, and someone has taken out letters of administration ad litem, ostensibly to facilitate her joinder to these proceedings. For whatever it is worth, I shall allow the application. Costs shall be in the cause.

DATED, SIGNED and DELIVERED at NAIROBI this 3RD DAY OF FEBRUARY, 2017.

W. MUSYOKA

JUDGE

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