Automated Summary
Key Facts
The estate of the late David Mutwiri M'rimbera (5th plaintiff) applied for substitution of legal representation after his death on 23 August 2024. A limited grant was issued to Esther Muthoni David on 28 February 2025, authorizing her substitution in place of the deceased. The court granted the substitution without opposition and ordered the amended originating summons to be filed and served within 14 days.
Deceased Name
David Mutwiri M'rimbera
Issues
The court addressed the application for substitution of the deceased 5th plaintiff, David Mutwiri M'rimbera, with Esther Muthoni David as his legal representative following his death on 23/8/2024 and the issuance of a limited grant on 28/2/2025.
Date of Death
2024 August 23
Holdings
In the absence of any opposition, the plea was allowed in terms of prayers 2 and 3 of the application dated 13/3/2025. The court ordered that the amended originating summons be filed and served within 14 days.
Remedies
In the absence of opposition, the court granted the application for substitution. The estate of the late David Mutwiri M'rimbera was allowed to substitute Esther Muthoni David as the applicant. The amended originating summons must be filed and served within 14 days.
Probate Status
Limited grant issued on 2025-02-28 by the Chief Magistrate Court at Meru
Legal Principles
The court applied the principle of substitution of parties, allowing Esther Muthoni David to be substituted in place of the deceased 5th plaintiff, David Mutwiri M'rimbera, based on a limited grant issued by the Chief Magistrate Court. This was permitted in the absence of opposition to the application.
Succession Regime
Governing under the Succession Act (Kenya)
Executor Name
ESTHER MUTHONI DAVID
Cited Statute
Succession Act (Kenya)
Executor Appointment
Appointed as legal representative/administrator via limited grant under Section 24 of the Succession Act (Chief Magistrate Court at Meru, 28/2/2025)
Judge Name
B.M EBOSO
Passage Text
- Through the notice of motion dated 13/3/2025, the estate of the late David Mutwiri M'rimbera seeks orders of substitution relating to the deceased 5th plaintiff. The exhibited death certificate shows that the deceased died on 23/8/2024. On 28/2/2025, the Chief Magistrate Court at Meru issued a limited grant to Esther Muthoni David. The estate wants Esther Muthoni David to be substituted in place of the deceased.
- In the absence of any opposition, the plea shall be allowed in terms of prayers 2 and 3 of the application dated 13/3/2025. The amended originating summons shall be filed and served within 14 days.
Beneficiary Classes
Other