High Court 2706 of 2023

In re Estate of James Maina Njoroge (Deceased) (Family Miscellaneous Application E004 of 2022) [2023] KEHC 2706 (KLR) (29 March 2023) (Ruling) Neutral citation: [2023] KEHC 2706 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIVASHA FAMILY MISCELLANEOUS APPLICATION E004 OF 2022 GL NZIOKA, J MARCH 29, 2023 IN THE MATTER OF TERESIAH NJERI KARIIRI & ANOTHER ........................................ APPLICANT RULING 1. The subject application herein is dated July 14, 2022. The same seeks for orders that, the applicants be given a grant of administration ad litem limited for the purpose of filing a suit for recovery of damages arising out of an accident. 2. The application is supported by an affidavit sworn by the applicants of the even date. It is averred that, they want to file and prosecute civil proceedings on behalf of the estate of the deceased for general and special damages, against Joseph Gitau of P.O Box 1-20301 Miharati, being an officer of provincial administration and the Hon the AG, on behalf of the ministry of interior and coordination of national government. 3. I have considered the application, the prayers therein and the supporting affidavit. The death certificate annexed to the petition refers. I find that as the purpose of seeking for the subject prayers has been stated, it is in the interest of justice that, the application be allowed as prayed. I however, make it clear that, other than filing of the intended suit, this order shall not confer upon the applicants power to deal with the assets of the estate of the deceased, until the succession cause is heard and determined. Neither, shall it be used for any other unauthorized purpose(s). It is so ordered. DATED, DELIVERED AND SIGNED ON THIS 29TH MARCH 2023. GRACE L. NZIOKA JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/2706/eng@2023-03-29 1

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