ELLY ESPOSITO V BERND GRAFF & ANOTHER [2012] KEHC 2434 (KLR)
- Court
- High Court of Kenya
- Case number
- 2434
- Citation
- [2012] KEHC 2434 (KLR)
- Decided
- 31 July 2012
The administrator of the estate of JOSEPH RUDOLF KUHN is directed to appear in person and make the necessary applications herself, rather than through agents.
Facts
A Power of Attorney was filed with the plaint purportedly authorizing ELLY ESPOSITO and FRANCO ESPOSITO to act on behalf of UTE KUHN regarding plot NO. 1965 Malindi. However, the suit is filed by only ELLY ESPOSITO. UTE KUHN was appointed and confirmed as the administrator of the estate of the registered owner of the suit property, the late JOSEPH RUDOLF KUHN on 16th December 2006.
Issues
- Authority of the Power of Attorney
- Appointment of Administrator
Reasoning
The Power of Attorney was given to UTE KUHN, who was only appointed and confirmed as the administrator of the estate of the registered owner of the suit property on 16th December 2006. The suit is filed by only ELLY ESPOSITO.
Outcome
Declined to grant the orders sought by the applicant ELLY ESPOSITO
Loading judgment…