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|Case Number:||Succession Cause 2792 of 1997|
|Parties:||In re Estate Wilson Icharia Ngethe (Deceased)|
|Date Delivered:||07 Feb 2019|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Citation:||In re Estate Wilson Icharia Ngethe (Deceased)  eKLR|
|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 AT NAIROBI (FAMILY DIVISION)
SUCCESSION CAUSE NO 2792 OF 1997
IN THE MATTER OF THE ESTATE WILSON ICHARIA NGETHE
JOHN MUTURI NJUGUNA............................................APPLICANT
1. Before court is an application seeking to substitute one of the administrators of the estate of Wilson Icharia Ngethe so that in place of one Nelson Kahiu Echaria now deceased one John Muturi Njuguna becomes the administrator.
2. The deceased left several properties and had 6 heirs one of them was Nelson Kamau Echaria. The applicant claims to have bought properties Ruiru East/Juja Block 2/1526 & 2/1527 from Nelson Kamau Echaria.
3. From the record the administrator of this estate is Edward Kubai, he is not said to have died. There are several other beneficiaries as well. None of their consents have been obtained.
4. In any event if an administrator is deceased he can only be replaced with consent of all. A stranger cannot be put in place. Secondly the administrator herein is not said to have been dead when the grant was being confirmed. Or to have died subsequently. Though from the record Nelson Kamau Echaria was already deceased at the time of confirmation of the grant herein.
5. The Applicant must engage the administrator in this estate of Nelson Kamau Echaria so that if he is a genuine buyer, he may he considered as a liability in Nelson’s estate.
6. The application is therefore declined as he has no interest in this particular estate. No order as to costs.
Dated and Delivered in Nairobi on this 7th day of February, 2019