REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI SUCCESSION CAUSE NO. 5 OF 2016 IN THE MATTER OF THE ESTATE OF BENJAMIN MUTHANGYA NGUTI (DECEASED) KYAMBI MUTHANGYA.............................................APPLICANT VERSUS BEATRICE KAMENE MUTHANGYA............1ST RESPONDENT JOHN KIMANZI MUTHANGYA...................2ND RESPONDENT RULING 1. By way of Chamber Summons, the firm of Kalili & Co. Advocates seek to cease acting for the Applicant in this cause. 2. The application is based on grounds that Kyambi Muthangya who retained them to act in this matter has since passed on and none of her family members has shown interest to take over the prosecution of the cause. 3. In an affidavit in support of the application Francis Kalili Advocate depones that he learnt from Mbuvi Ngati of the demise of the Deceased who subsequently availed her children: Syombua Muthangya Kasau Muthangya Kanini Muthangya And Munanu Muthangya who were not interested in the matter consequently he is not able to proceed with the matter without instructions. 4. Kyambi Muthangya, now deceased, came into this matter alleging to be a wife to the Deceased. The matter is pending hearing of the application dated 1st August, 2014. In the premises, the firm of Kalili and Company Advocates are granted leave to cease acting for her. The Administrators of the Estate to pursue the matter in accordance with the law. 5. It is so ordered. Dated, Signed and Delivered at Kitui this 27th day of February, 2018. L. N. MUTENDE JUDGE
Original judgment
Kyambi Muthangya v Beatrice Kamene Muthangya & 1 other
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