REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS FAMILY DIVISION SUCCESSION CAUSE NO. 207 OF 2009 IN THE MATTER OF THE ESTATE OF HARRY LOUIS NANGURAI (DECEASED) JOHN P. NANGURAI............ADMINISTRATOR/APPLICANT VERSUS RUTH HELLEN SEMPEYO NANGURAI...1ST RESPONDENT ANDREW LOUE NANGURAI.....................2ND RESPONDENT GEORGE M. NANGURAI..............................3RD RESPONDENT RULING 1. The deceased Harry Louis Nangurai died intestate on 12 th August 1984. His estate comprised of Land Parcels Ngong/Ngong/289 and 274. John P. Nangurai (the applicant), Andrew Loue Nangurai (the 2 nd respondent) and George M. Nangurai (the 3 rd respondent) being sons of the deceased petitioned and were issued with the grant of letters of administration intestate on 28 th April 2009 and confirmed on 9 th March 2010. The grant was revoked upon an application by a beneficiary, Ruth Hellen Sempeyo Nangurai, and a fresh grant issued in her favour. The beneficiaries entered into a deed of settlement in relation to the distribution of the estate. The court on the 14th December 2015 delivered its judgment where it adopted the distribution as per the deed of settlement of 30 th July 2013 and confirmed the grant. 2. The applicant filed the present application dated 30 th October 2019 seeking the rectification of the grant. What he wanted was the redistribution of the estate in a manner that he had proposed. The 2nd respondent substantially opposed the application, but also sought to be compensated for the work he had done in the administration of the estate. He did not, however, file a formal application for compensation. 3. The application came up for hearing on 12 th February 2020. The 1st respondent and other beneficiaries did not oppose the application. The matter was adjourned for the preparation of a ruling. 4. However, on 28th February 2020 the applicant filed a notice to withdraw the application. That being the case, I order the application dated 30th October 2019 and filed on the same day by the applicant John P. Nangurai to be withdrawn with costs to the 2 nd respondent Andrew Loue Nangurai who had opposed it. DATED and DELIVERED electronically, following consent of the parties, at NAIROBI this 8 TH day of APRIL 2020. A.O. MUCHELULE JUDGE
Original judgment
John P. Nangurai v Ruth Hellen Sempeyo Nangurai & 2 others
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