REPUBLIC OF KENYA
IN THE HIGH COURT OF KENAY AT NAKURU
HIGH COURT FAMILY MISCELENEOUS No E011of 2024
DAMARIS WACHU MACHARIA &
IAN NDEU MACHARIA (Being the Administrators
of Estate of David Ndeu Macharia) ………………………… APPLICANTS
Ruling
THIS MATTER is an Application filed under a Certificate of Urgency, dated 12th April 2024, coming up before Hon. Justice Mohochi S.M. AND UPON READING the Originating Summons together with the two supporting Affidavits dated 12th April 2024 sworn by Damaris Wachu Macharia and Ian Ndeu Macharia. The court finds favor in the same and the following Orders;
IT IS HEREBY ORDERED;
- THAT, Application is duly certified as urgent to be heard Ex-Parte in the 1st instance and service of the same is dispensed with.
- THAT an Order authorizing the liquidation by sale of KIESEGES/NYAMAMITHI BLOCK 3/365 is hereby issued to the Applicants.
- THAT the proceeds of the Sale of KIESEGES/NYAMAMITHI BLOCK 3/365 SHALL exclusively be utilized for payment(s) of invoiced school fees to Moi Educational Center towards the Educational needs of Kelvin Kamau Macharia
- THAT the Applicants shall forthwith, set-up and open an interest-bearing trust bank account in the names of Kelvin Kamau Macharia with a commercial bank of repute, where all proceeds of the sale of KIESEGES/NYAMAMITHI BLOCK 3/365 shall be deposited.
- THAT, the incidental costs attached to the sale of KIESEGES/NYAMAMITHI BLOCK 3/365 and costs of this Application shall be chargeable from the proceed of the sale.
- THAT, subsequent to implementation of Orders 2, 3, and 4 above and upon attainment of the age of Majority by Kelvin Kamau Macharia the Applicants shall transfer the control and managing of the interest-bearing trust bank account in the names of Kelvin Kamau Macharia to Kelvin Kamau Macharia.
- THAT, the Application is thus accordingly Spent
GIVEN under the Hand and Seal of this Court on this 15th April 2024
__________________________
Mohochi S.M
(Judge)