[2007] KEHC 2000 (KLR)
The court found that although the applicant did not specify when she became aware of the cause or detail her relationship to the deceased beyond being a daughter-in-law, the interests of justice required that she be given an opportunity to be heard. Since the succession cause had not progressed beyond the gazette...
Source-derived case information.
- Citation
- [2007] KEHC 2000 (KLR)
- Parties
- Petitioner: Elizabeth Ndimi M’Ringera; Objector: Jeniffer Karambu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 18 of 2004
- Procedural Posture
- Succession Cause / Ruling on Ex Parte Application for Leave to File Objection and Cross Petition
- Outcome
- Application allowed. Leave granted to file objection, answer to petition, and cross petition within 30 days.
- Legal Topics
- Probate and Administration, Late Objection Filing, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Ndimi M’Ringera
Petitioner
Jeniffer Karambu
Objector
Procedural Posture
Succession Cause / Ruling on Ex Parte Application for Leave to File Objection and Cross Petition
Legal Issues
- 1 Whether the applicant should be granted leave to file an objection and cross petition out of time in the succession cause.
- 2 Whether the applicant has demonstrated sufficient interest in the estate to warrant being heard.
Ratio Decidendi
The court found that although the applicant did not specify when she became aware of the cause or detail her relationship to the deceased beyond being a daughter-in-law, the interests of justice required that she be given an opportunity to be heard. Since the succession cause had not progressed beyond the gazette notice and no grant had been issued, the court exercised its discretion under Rule 17 of the Probate and Administration Rules to allow the applicant to file her objection, answer to the petition, and cross petition within 30 days. The absence of opposition from the petitioner or their counsel further supported granting the application.
Court Disposition
Application allowed. Leave granted to file objection, answer to petition, and cross petition within 30 days.
Orders
- The applicant shall file her objection, answer to the petition, and cross petition within 30 days from the date of this order.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU
Successsion Cause 18 of 2004
IN THE MATTER OF THE ESTATE OF M’RINGERA M’MUKINDIA…..DECEASED
ELIZABETH NDIMI M’RINGERA……………………………….....…….…PETITIONER
M’RINGERA M’MUKINDIA ALIAS RINGERA MUKINDIA…......…..……..DECEASED
VERSUS
JENIFFER KARAMBU………………………………..………......……….…OBJECTOR
RULING
This is an exparte application in which the applicant is seeking leave to file objection and cross petition (I believe, out of time). It is the applicant’s case that the petition herein was filed secretly and grant obtained fraudulently.
That he learnt of the cause when she visited the court registry. She has averred that she has been living on the subject parcel of land with her children and would suffer greatly if she is not included in the succession cause.
Neither he petitioner nor his counsel attended the hearing of this application although the date was taken in the presence of another counsel who was holding the petitioner’s counsel’s brief. There was also no reply to this application.
The cause was filed by the petitioner on 2nd February, 2004. However, the grant has not been made to him, although the cause was gazetted way back in February, 2004.
The applicant has not stated when she learnt of the cause and even her relationship with the deceased apart from the fact that she is a daughter in law without specifying how, it is in the interest of justice that her application be allowed under Rule 17 of the Probate and Administration Rules. The cause has not progressed beyond the gazette notice.
It is ordered that the applicant shall file her objection; answer to the petition and cross petition within 30 days from the date of this order.
I make no orders as to costs.
DATED AND DELIVERED AT MERU THIS 26TH DAY OF JULY 2007
W. OUKO
JUDGE