In the Estate of THUITA TERESIAH WANGUI

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYAHURURU

1. Ignatius Maina Nduru, the Citor, approached this court through an application dated 23^rd 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.
5. That being the case, I do nominate the Citee Elijah Mahianyu Thuita and grant him  letters of Administration Ad-litem of the Estate of the deceased limited to substitution in the Civil Matter.
6. It is so ordered.