REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS SUCCESSION CAUSE NO.93 OF 1995 IN THE MATTER OF THE ESTATE OF JOSEPH MUTUA NDOLO (DECEASED) AND NDOLO MUNYAO NDETI JONAH MUTUA NDOLO..............................................APPLICANTS RULING 1. By way of summons the applicant seeks orders as follows:i. That the Petitioner Margaret Kalekye Mutua be substituted with the applicants namely Ndolo Munyao Ndeti & Jonah Mutua Ndolo ii. That a fresh grant be made jointly to the applicants Ndolo Munyao Ndeti & Jonah Mutua Ndolo iii. Those costs of this application be in the cause. 2. The application is supported by an affidavit sworn by Jonah Mutua Ndolo the 2nd Applicant whereby he depones that the Petitioner/Administrator of the estate of the deceased is now dead having passed on the 22nd November, 2004 after being issued with a Grant of Letters of Administration Intestate on the 9th August, 1995; all surviving beneficiaries of the estate of the deceased have agreed as to the substitution sought. 3. I have considered the application. There is evidence of death of Margaret Kalekye Mutua (vide death certificate No. 309605). A consent dated 5th August, 2013 has been duly signed by all people who were survived by the deceased, Joseph Mutua Ndolo endorsing the applicants as persons who should be joint administrators of the estate. 4. In the premises, I allow the prayer sought. 5. Costs shall be in the cause. DATED, DELIVERED and SIGNED this 30TH day of JANUARY, 2014. L.N. MUTENDE JUDGE
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