REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO Succession Cause 59B of 2001 1 Family Law Subject – Law of Succession i) De Bonis Non ii) The deceased male adult aged 60 years died on2.9.00. iii) Estate administered by widow as of 25.2.02 (Visram J) iv) Widow dies leaving estate assets; unadministered. Date of death of widow 26.8.03. 3. Application 15.10.08 – De Bonis Non 4. Held i) Application granted ii) New administration be substituted with one who had already died. 5. Case Law - Nil 6. Advocates S.K.Oboso advocate for M/S S.K. Oboso & Co. advocates for the applicant – present In the matter of the estate of the late JOHN KIPRUTO KOSKEI ………………………………… DECEASED AND SALLY CHEPKORIR KOSKEI ……………………………… PETITONER AND
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ABDI RUTO ………………………………………………… APPLICANT RULING I: Procedure 1. The application before me is one of De Bonis Non dated the 15th October, 2008. 2. Where an adminstratix dies leaving the estate take over the task as administrator. unadministered, another may be substituted to II: Background 3. On the 2nd September, 2000, the deceased, a male adult passed away. His widow took out a grant of letters intestate on the 25th February, 2002 (Visram J). 4. Unfortunately, the said widow passed away on unadministered. 26th August, 2003 thereby leaving the estate III: Application 15.10.08 5. By an application dated 15th October, 2008, the applicant seeks this court’s orders to be substituted in place of the deceased widow who has also now passed away. 6. I note that the applicant is the eldest son of the deceased. In an application of De Bonis Non form P&A 86 & P&A 19 as Petition and affidavit is filed. 7. The other siblings have given their consent that the applicant do be granted the orders sought. IV: Findings 8. The application be and is hereby granted. The said applicant be substituted as a De Bonis Non. 9. I award the costs to be in the cause for the applicant. DATED this 31st day of March, 2009 at KERICHO M.A. ANG’AWA JUDGE Advocates S.K.Oboso advocate for M/S S.K. Oboso & Co. advocates for the applicant – present
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