MARK AKHONYA:…………………….........……….PLAINTIFF VERSUS GOPALBHAL KARASAN PATEL:…………….DEFENDANT RULING: It is conceded that the Applicant Andrew Amunze Ayuka is not the administrator of the estate of Mark Akhonya amunze. He says he is the administrator of the estate of Hebron Amunze. Hebron Amunze was the Administrator of the estate of Mark Amunze. With the death of Hebron and there being no substitution, there is in law no administrator of the estate of Mark. On that ground I uphold the Preliminary Objection on ground one. In that case I need not concern myself with ground 2 of the Preliminary Objection as the same resolves itself. The applicant simply has no locus standi. DATED AND DELIVERED AT ELDORET THIS 21ST DAY OF OCTOBER, 2009. P.M.MWILU JUDGE IN THE PRESENCE OF:C/C - Paul Jaguga for Respondent Kamau for Applicant
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