In re Estate of Jackson Momanyi Omwenga (Deceased) (Succession Cause 31 of 2010) [2024] KEHC 1143 (KLR) (9 February 2024) (Ruling) Neutral citation: [2024] KEHC 1143 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 31 OF 2010 SM MOHOCHI, J FEBRUARY 9, 2024 PUBLIC TRUSTEE ADMINISTRATION CAUSE NO. 360 OF 2007 IN THE MATTER OF JACKSON MOMANYI OMWENGA (DECEASED) IN THE MATTER OF TERESA NYABOKE MOMANYI ........................................................... APPLICANT RULING 1. Before me is an Applications dated 14th February 2023, a Summons for Review and amendment of grant filed byTeresa Nyaboke Momanyi pursuant to Section 74 of the Laws of Succession Act and all enabling Provisions of the law where she prays for the following reliefs; i. That, the Court be pleased to review and amendment of the Grant of Probate of Letters of Administration made to Public Trustee Of Kenya by the on the 7th day of October, 2018 and the distribution of the deceased's estate. ii. That the application is for amendment of Grant of Confirmation by removing the Public Trustee and replacing the same with Teresa Nyaboke Momanyi (widow), AND also include parcel of land Molo South/ Ikumbi Block 4/334(Getich) omitted iii. The Mode of distribution is as follows https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1143/eng@2024-02-09 1
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Molo South/ Ikumbi Block 4/334 (geticha) Joseph Kiplangat Rotich Whole Share Molo South/Ikumbi Teresa Nyaboke Momanyi,Seth Omwenga Momanyi,Dorcas Moraa Momanyi,Joshua Onkoba Momanyi,Everlne Nyatichi Momanyi,Villah Momanyi,Grace Momanyi. Whole Share Molo South/Ikumbi Block 4/333(Geticha) Teresa Nyaboke Momanyi & Joshua Onkoba Momanyi Whole Share Equity Bank KSH.35,640/45 SavingS Teresa Nyaboke Momanyi Whole Share National Bank Of Kenya Ltd Shares Teresa Nyaboke Momanyi Whole Share British American Insurance Co.(k) Ltd Teresa Nyaboke Momanyi Whole Share Block 4/257 (kamwaura) Policy 2. The Application came up before court on the 28th March 2023 where the Applicant was directed to served the motion upon the Public Trustees and file a return of service. 3. The Application was served upon the public trustees on the 2nd June 2023 and have ever since failed and or refused to appear and either oppose or support the motion. By the 26th September 2023 the Public Trustees were yet to file a response to the motion and the court accordingly fixed the same for a ruling. 4. Upon reading the entire Summons for Review and amendment of grant dated 14th February 2023 together with the supporting Affidavit of Teresa Nyaboke Momanyi and hearing Mr Geke Advocate I am inclined to allow the Application for being of merit and being uncontested. 5. This court thus allows the motion in terms of prayers (1),(2), and (3) on the summons. 6. Teresa Nyaboke Momanyi shall be expected to conclude the distribution of the estate of the deceased within six (6) months from today. 7. I shall fix a mention date after six months on the 9th July 2024 to confirm conclusion of the distribution and mark the succession as settled. It is so Ordered DATED, SIGNED AND DELIVERED AT NAKURU ON THIS DAY OF 9TH DAY OF FEBRUARY, 2024. ___________________________ https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1143/eng@2024-02-09 2
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S. MOHOCHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1143/eng@2024-02-09 3
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