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JudgmentIn the Estate of NYAGA WAKIYU1 min read

In the Estate of NYAGA WAKIYU

High Court at Muranga High Court · · C.W Githua

I have considered the petition for letters of administration colligenda Bona dated 15th April 2024 and filed under a certificate of urgency on 3rd May 2024.  I have also considered the depositions made in the supporting affidavit sworn by the Petitioner  which is in my view erroneously dated 15th May 2024 and the annexture thereto. 

Since it is apparent  from the supporting affidavit that there is in existence a succession cause in respect of the Estate subject of this petition  registered as HCFP & A NO. E021 OF 2021 in which the petitioner is the appointed administrator and the cause is only pending confirmation of the grant, i see no good reason to grant  the petition as sought. Instead of filing this petition , the petitioner should have moved the court with a request to fast track the pending summons for confirmation of grant in the pending succession cause. 

Besides, no evidence has been availed to the court to confirm existence  of the alleged debt  and alleged threats to sue the Estate for its recovery and even if such evidence was availed, it cannot form the basis of issuing letters of administration Ad Colligenda Bona. 

In view of the foregoing, i find  no merit in the petition and it is hereby dismissed. File ordered closed. 

It is so ordered.