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Original judgment

Mellen Bosibori Motari v Esther Bonareri Motari Erick Mitunda Motari

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CITATION NO. 2 OF 2017 IN THE MATTER OF THE ESTATE OF SIMEON MOTARI ASIAGO (DECEASED) AND IN THE MATTER OF RULE 21 OF THE PROBATE & ADMINISTRATION RULES CAP 160 LAWS OF KENYA AND IN THE MATTER OF CITATION TO ACCEPT OR REFUSE LETTERS OF ADMINISTRATION INTESTATE BETWEEN MELLEN BOSIBORI MOTARI.................................................CITOR AND ESTHER BONARERI MOTARI ERICK MITUNDA MOTARI ..................................................CITEES RULING I have considered the Citation proceedings herein. According to the Citor, the deceased SIMEON MOTARI ASIAGO died on 21 st April 2016 left behind two wives; MELLEN BOSIBORI MOTARI and ESTHER BONARERI NYABERI. It is apparent that they cannot agree who is to take out letters of administration. I accordingly allow MELLEN BOSIBORI MOTARI to take out the Petition for grant of letters of administration for the deceased’s estate within the next 30 days from the date hereof. This Ruling shall be deemed to be the consent and shall be served on the Citees together with the duly filed petition for grant of letters of administration. There shall be no order as to costs. D.S Majanja Judge 25/6/2018 [Ruling read and delivered in open Court] D.S Majanja Judge

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