Wagaca – Deceased v Christopher Caxston Gathogo Kariuki

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAHURURU SUCCESSION CAUSE NO.80 OF 2017 IN THE MATTER OF THE ESTATE OF GATHOGO WAGACHA ALIAS GATHOGO WAGACA – DECEASED AND MARY GATHONI GATHOGO…………………………………… APPLICANT VERSUS CHRISTOPHER CAXSTON GATHOGO KARIUKI………….… RESPONDENT RULING By the Notice of Motion dated 3/10/2016, the applicant, Christopher Caxton Gathogo Kariuki seeks the following orders: (1) That the Deputy Registrar of this court be allowed to sign page 2 and 4 of the mutation form for the 2nd administrator to enable the County Surveyor Nyandarua to proceed; (2) That the applicant be at liberty to apply; The application is supported by the affidavit of the applicant and grounds found on the face of the application. The court proceeded to hear the counsel for the applicant after it was satisfied that the respondent, Mary Gathoni who is a co-administrator in this matter, was served with the hearing notice but failed to attend. The applicant deponed that on 28/7/2016, the court ordered the respondent to co-operate with the Nyandarua County Surveyor towards subdividing the parcel of land No.Nyandarua/Milangine/139, but that the respondent has refused to sign the mutation form and that is what has prompted this application; that if the court does not intervene, then the applicant stands to suffer irreparable loss. Ms. Wangechi, counsel for the applicant argued that the applicant and respondent were joint administrators of the deceased’s estate but the respondent has refused to co-operate. I have perused the record and confirm that on 28/7/2016, the Judge granted Prayer 2, 3, 4 and 5 of the application dated 19/7/2016 compelling the respondent; (i) To co-operate with the surveyor Nyandarua County towards subdividing the subject land;

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