Application To Substitute A Party

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISCELLANEOUS CAUSE NO. HCCC 1013 OF 2015
IN THE MATTER OF THE ESTATE OF DEDAN MOIBE(DECEASED)
BETWEEN
JAMES MOIBE…………………………………..DECEASED APPLICANT
PAMELLA MOIBE…………………………………….………1st APPLICANT
SERETSE MOIBE…………………………………….………2nd APPLICANT
CHAMBER SUMMONS
(Under Section 3A of the Civil Procedure Act, Order 1 rule 10 and 14 and Order 24, rule 1 – 3
of the Civil Procedure Rules 2010)
LET ALL PARTIES concerned attend the Honourable Court on the……………… day of
………………………….2019 at 9.00 O’clock in the forenoon or so soon thereafter as the
Counsel for the 1st & 2nd Applicants may be heard on an application for ORDERS: -
1. THAT leave be granted to the 1 st and 2nd Applicants to substitute James Moibe, the
Deceased Applicant in terms of the Notice of Motion hereto attached.
2. THAT costs hereof be provided for.
WHICH APPLICATION is based on the following GROUNDS: -
a) THAT the substitution is necessary in view of the fact that the Applicant is since
deceased and thus can no longer execute these proceedings.
b) THAT an Order for Grant of Letters of Administration was to be issued in the High Court
to the deceased Applicant, the same have been long overdue and subsequently the
applicant has since then passed away necessitating that PAMELLA MOIBE and
SERETSE MOIBE to succeed into this application of the deceased applicant for Grant
of Letters of Administration.
c) THAT the substitution is further necessitated by information relevant for the fair and just
determination in this matter.
d) THAT it is necessary to seek leave of court to substitute the deceased Applicant to avoid
the suit abating.
WHICH APPLICATION is further based on the annexed Affidavit of SERETSE MOIBE
reasons and arguments to be adduced at the hearing hereof.
DATED at NAIROBI this …………. day of …………………………………. 2019
DRAWN & FILED BY :-
DONALDSON ADVOCATES LLP Admn no. P.105….

KAWI COMPLEX, BLOCK ‘A’ GROUND FLOOR, Prac. Cert. No. LSK/
STIMA SACCO OFFICES
RED CROSS ROAD, OFF POPO ROAD,
SOUTH C,
NAIROBI
Note: If any party served does not appear at the time and place above mentioned, such orders
will be made and proceedings taken as the Court may deem just and expedient.
REPUBLIC OF KENYA
SUCCESSION CAUSE NO. HCCC 1013 OF 2015
IN THE MATTER OF THE ESTATE OF DEDAN MOIBE(DECEASED)
BETWEEN
AFFIDAVIT IN SUPPORT
I,SERETSE MOIBE of National ID number 32891700 make oath and state as follows :-
1. THAT I am an adult of sound mind and disposition hence competent to swear this
affidavit and
2. THAT I have received the written consent of PAMELA MOIBE, the 1 st Applicant herein
enabling me to swear this affidavit on her behalf. (Attached herewith and marked”SM-
1”is a true copy of the written consent signed by the 1st Applicant)
3. THAT the initial Applicant herein JAMES MOIBE (DECEASED) to whom these
proceedings relate died on the 25/03/2019 at Brain Center, South Point, Durham, North
Carolina, USA.( Annexed herewith and marked “SM-2” is a true copy of the deceased’s
certificate of death).
4. THAT I am related to the deceased applicant being his son. (Annexed herewith and
marked “SM-3”is a true copy of my birth certificate).
5. THAT I made an application along with my mother PAMELLA MOIBE to substitute

the deceased applicant in these proceedings which was granted by the Court on
4/11/2019. (Annexed herewith and marked “SM-4”is a true copy of the application for
substitution received by the Honorable Court on the 4/11/2019)
6. THAT we are now requesting this Honorable Court to grant us an Order to substitute the
Deceased Applicant with PAMELLA MOIBE and myself in the application for a
Confirmed Grant of Letter of Administration, that if granted by this honorable Court,
they will be in the names of PAMELLA MOIBE and myself.
7. THAT it is in the interest of justice that this application be granted and orders sought be
allowed.
8. THAT I make this oath in support of our application.
9. THAT what is deponed to herein above is true to the best of my own knowledge,
information and belief, save where expressly stated.
SWORN by the said SERETSE MOIBE ) ………………….
) DEPONENT
SWORN at NAIROBI this……..day of…………2019 )
BEFORE ME )
COMMISSIONER FOR OATHS )
DRAWN & FILED BY :-
DONALDS ADVOCATES LLP

KAWI COMPLEX, BLOCK ‘A’ GROUND FLOOR,
STIMA SACCO OFFICES
SOUTH C,
NAIROBI
REPUBLIC OF KENYA
SUCCESSION CAUSE NO. HCCC 1013 OF 2015
IN THE MATTER OF THE ESTATE OF DEDAN MOIBE (DECEASED)
BETWEEN
CONSENT
I, PAMELLA MOIBE, the 1st Applicant herein do hereby give CONSENT to my son
SERETSE MOIBE to act on my behalf in these proceedings.
SIGNED by the said PAMELLA MOIBE

…………………………………………………………
DATED at NAIROBI this …………. day of …………………………… 2019
DRAWN & FILED BY :-
DONALDS ADVOCATES LLP

KAWI COMPLEX, BLOCK ‘A’ GROUND FLOOR,
STIMA SACCO OFFICES
SOUTH C,
NAIROBI

Application To Substitute A Party

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISCELLANEOUS CAUSE NO. HCCC 1013 OF 2015

IN THE MATTER OF THE ESTATE OF DEDAN MOIBE(DECEASED)

JAMES MOIBE…………………………………..DECEASED APPLICANT

PAMELLA MOIBE…………………………………….………1st APPLICANT

SERETSE MOIBE…………………………………….………2nd APPLICANT

2. THAT costs hereof be provided for.

WHICH APPLICATION is based on the following GROUNDS: -

DATED at NAIROBI this …………. day of …………………………………. 2019

DRAWN & FILED BY :-

DONALDSON ADVOCATES LLP Admn no. P.105….

SUCCESSION CAUSE NO. HCCC 1013 OF 2015

IN THE MATTER OF THE ESTATE OF DEDAN MOIBE(DECEASED)

JAMES MOIBE…………………………………..DECEASED APPLICANT

PAMELLA MOIBE…………………………………….………1st APPLICANT

SERETSE MOIBE…………………………………….………2nd APPLICANT

5. THAT I made an application along with my mother PAMELLA MOIBE to substitute

SWORN by the said SERETSE MOIBE ) ………………….

SWORN at NAIROBI this……..day of…………2019 )

COMMISSIONER FOR OATHS )

DRAWN & FILED BY :-

DONALDS ADVOCATES LLP

IN THE HIGH COURT OF KENYA AT KISUMU

SUCCESSION CAUSE NO. HCCC 1013 OF 2015

IN THE MATTER OF THE ESTATE OF DEDAN MOIBE (DECEASED)

JAMES MOIBE…………………………………..DECEASED APPLICANT

PAMELLA MOIBE…………………………………….………1st APPLICANT

SERETSE MOIBE…………………………………….………2nd APPLICANT

SIGNED by the said PAMELLA MOIBE

DATED at NAIROBI this …………. day of …………………………… 2019

DRAWN & FILED BY :-

DONALDS ADVOCATES LLP

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