Ignatius Maina Nduru v Elijah Mahianyu Thuita

In re Estate of the Late Teresiah Wangui Thuita (Deceased) (Citation Cause E008 of 2024) [2025] KEHC 4700 (KLR) (8 April 2025) (Ruling) Neutral citation: [2025] KEHC 4700 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAHURURU CITATION CAUSE E008 OF 2024 LN MUTENDE, J APRIL 8, 2025 IN THE MATTER OF THE ESTATE OF THE LATE TERESIAH WANGUI THUITA (DECEASED) BETWEEN IGNATIUS MAINA NDURU ............................................................................ CITOR AND ELIJAH MAHIANYU THUITA ......................................................................... CITEE RULING 1. Ignatius Maina Nduru, the Citor, approached this court through an application dated 23rd August, 2024 seeking a citation to issue against the Citee Elijah Mahianyu Thuita to accept or refuse to take out Letters of Administration Ad-Litem of the Estate of Teresiah Wangui Thuita (Deceased) so as to be substituted as Respondent in Nakuru Civil Appeal No. 290 of 2019 between the Citor and the deceased. 2. The application is premised on grounds that the deceased died intestate domiciled at Silibwet Location in Nyandarua County. At the time of her demise she was a Respondent in Nakuru Civil Appeal No. 290 of 2019. That the Citee is known son and beneficiary of the estate of the deceased and there is need for substitution of the deceased Respondent in the matter. 3. That since the Respondent passed on, no succession proceedings have been initiated, hence there has been no appointment of a legal representative in respect of the deceased’s estate. 4. The Citee herein was served with the citation to accept or refuse to take out a grant as provided by Rule 22 of the Probate and Administration Rules. He neither responded nor appeared in court to object to the appointment as the legal representative of the deceased. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4700/eng@2025-04-08 1

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