Case ID:175448

In re Estate of Patrick Ndai Munyua (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 2398 of 2010

Parties:

In re Estate of Patrick Ndai Munyua (Deceased)

Date Delivered:

09 Dec 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Stella Ngali Mutuku

Citation:

In re Estate of Patrick Ndai Munyua (Deceased) [2020] eKLR

Court Division:

Family

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 2398 OF 2010

IN THE MATTER OF THE ESTATE OF PATRICK NDAI MUNYUA (DECEASED)

PETER MUNYUA MBUGUA........................................................................PETITIONER

VERSUS

MINNEH MUNYUA......................................APPLICANT/PROPOSED PETITIONER

RULING

Minneh Munyua, the Applicant and wife to Peter Munyua Mbugua the Petitioner in the Estate of Patrick Ndai Munyua, has brought this application by way of Chamber Summons seeking revocation and annulment of Limited Grant Ad Litem issued to Peter Munyua Mbugua on 7

th

day of January 2011. She further seeks to be issued with Limited Grant Ad Litem in respect of the Estate of Patrick Ndai Munyua for purposes of substitution of the Plaintiff in Nairobi High Court Civil Case No. 55 of 2011 Peter Munyua Mbugua (Suing as the administrator ad litem of the estate of Patrick Munyua) v. The Attorney General and Another. The Applicant is also mother to Patrick Munyua, deceased.

Peter Munyua who was appointed as the Administrator through the Limited Grant Ad Litem died on 21

st

November 2019 as per the death certificate attached to the Chamber Summons and marked “MM – 4(b).

I have considered the Chamber Summons and find it meritorious. It is necessary to grant the prayers sought to cloth the Applicant with the necessary legal capacity to take over and prosecute Nairobi HCCC No. 55 of 2011 since Peter Munyua Mbugua is deceased and unable to do so. For this reason I hereby allow the Chamber Summons dated 23

rd

September 2020 and revoke the Limited Grant Ad Litem issued to Peter Munyua Mbugua on7th day of January 2011. I further grant Limited Grant Ad Litem in respect of the Estate of Patrick Ndai Munyua to Minneh Munyua, the Applicant. The Grant is limited for purposes of prosecuting Nairobi HCCC No. 55 of 2011 only with no powers to distribute the estate of Patrick Ndai Munyua. Orders shall issue accordingly.

DATED, SIGNED AND DELIVERED THIS 9TH DECEMBER 2020.

S. N. Mutuku

Judge