Automated Summary
Key Facts
The applicant (Erick George Omondi Onyango, as administrator of Walter Onyango's estate) sought substitution as defendant in place of the deceased Walter Onyango Yoya. The court found the application unopposed and merited, granting leave to substitute the applicant as defendant to represent the deceased's estate. Costs of the application were ordered to abide the cause.
Deceased Name
Walter Onyango Yoya
Issues
The applicant sought orders to be substituted as the defendant in lieu of Walter Onyango Yoya (now deceased) and to be deemed the defendant suing on behalf of the deceased's estate. The court found the application unopposed and merited, granting leave for substitution.
Holdings
The court allowed the applicant's motion to be substituted as the defendant in lieu of Walter Onyango Yoya (now deceased). The application was deemed unopposed and merited, with costs to abide the cause. The applicant is now deemed the defendant suing for and on behalf of the estate of the deceased.
Remedies
- Leave granted to the applicant to be substituted as the defendant in lieu of Walter Onyango Yoya (now deceased) as per paragraph 1(a) of the ruling.
- Costs of the application are to abide the cause as per paragraph 1(c) of the ruling.
- The applicant is deemed as the defendant, suing for and on behalf of the estate of Walter Onyango - Deceased as per paragraph 1(b) of the ruling.
Probate Status
Applicant granted Letters of Administration to represent the estate of Walter Onyango
Legal Principles
The court allowed the applicant's motion to substitute as the defendant in lieu of the deceased Walter Onyango Yoya, noting the application was unopposed and merited. Costs of the application were ordered to abide the cause.
Executor Name
- Erick George Omondi Onyango
- Meshack Tambo Otieno
Executor Appointment
- Administrator of the Estate of Walter Onyango
- Administrator of the Estate of the Late Meshack Otieno Ariya
Judge Name
G. M.A Ongondo
Passage Text
- A fortiori, the application is allowed in terms of orders (a) (b) and (c) as stated in paragraph 1 therein-above.
- In circumstances, I find the application unopposed and merited.