[2015] KEHC 7352 (KLR)
The court found that the existence of two parallel succession causes relating to the same estate and involving the same parties constitutes an abuse of the court process. However, in the interest of justice and efficient administration, rather than striking out the second cause, the court ordered the consolidation...
Source-derived case information.
- Citation
- [2015] KEHC 7352 (KLR)
- Parties
- Applicant: Florence Okach; Applicant: Grace Atieno Okach; Respondent: Winnie Wangoma Okach; Respondent: Jack Odera Okach
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1297 of 2010
- Procedural Posture
- Succession Cause / Ruling on Competence and Consolidation of Causes
- Outcome
- Causes consolidated; pending applications to be heard together.
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Succession Proceedings, Grant Revocation, Abuse of Process, Consolidation of Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Okach
Applicant
Grace Atieno Okach
Applicant
Winnie Wangoma Okach
Respondent
Jack Odera Okach
Respondent
Procedural Posture
Succession Cause / Ruling on Competence and Consolidation of Causes
Legal Issues
- 1 Whether the filing of a second succession cause concerning the same estate constitutes an abuse of court process.
- 2 Whether the two parallel succession causes should be consolidated for efficient administration of justice.
Ratio Decidendi
The court found that the existence of two parallel succession causes relating to the same estate and involving the same parties constitutes an abuse of the court process. However, in the interest of justice and efficient administration, rather than striking out the second cause, the court ordered the consolidation of both causes. This approach ensures that all pending applications, particularly those for revocation of grant, are heard and determined together, thereby preventing further procedural abuse and promoting a just resolution of the estate administration.
Court Disposition
Causes consolidated; pending applications to be heard together.
Orders
- HC Succession Cause No. 1297 of 2010 and HC Succession Cause No. 1569 of 1996 are consolidated and shall be heard together in HC Succession Cause No. 1297 of 2010.
- Pending applications for revocation dated 1st October 2012 and 4th December 2012 shall be heard on a priority basis on a date to be fixed at the registry.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 1297 OF 2010
IN THE MATTER OF THE ESTATE OF
BONIFACE OKACH - (DECEASED)
FLORENCE OKACH.............................................1ST APPLICANT
GRACE ATIENO OKACH......................................2ND APPLICANT
VERSUS
WINNIE WANGOMA OKACH..........................1ST RESPONDENT
JACK ODERA OKACH......................................2ND RESPONDENT
RULING
The bottom line is that in respect of the deceased Boniface Okach there are two parallel Succession Causes. The first was filed in 1996 It is HC Succession Case No. 1569 of 1996 at Nairobi. It was filed by the respondents who obtained a grant which was confirmed. The grant was, however, revoked at the instance of Emmanuel Okach, a beneficiary. The respondents then secretly filed a second Cause which is the instant matter. A grant was issued and was confirmed, but the applicants filed summons for the revocation of the same. The applications are pending.
I asked the parties to address me on the competence of the present Cause in view of the earlier. Each side filed written submissions which I have considered.
Where a party files a Cause knowing that he had filed a similar matter before the same Court and that the same is pending that is tantamount to playing lottery with the judicial process and is an abuse of the process of the Court. (ASEA BROWN BOVERI LTD –V- BAWAZIR GLASS WORKS LTD[2001] 2EA 336; LEONARD ONYANCHA –V- POST BANK CREDIT LTD HCCC NO. 396 of 2000 at Kisumu).
Under rule 73 of the Probate and Administration Rules:-
“Nothing in these Rules shall limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.”
In both cases the issue in question is the administration of the estate of the deceased Boniface Okach, and the same parties are involved. The Court is being called upon to decide who will administer the estate, to identify the beneficiaries and determine their respective shares.
Ideally, the present Cause is an abuse of the process of the Court and should be struck out. However, in the wider interest of justice, I order the consolidation of the two causes: HC Succession Cause No. 1297 of 2010 and HC Succession Cause No. 1569 of 1996, both at Nairobi. The Causes shall be consolidated and heard together in HC Succession Cause No. 1297 of 2010 in which there are pending applications for revocation dated 1st October 2012 and 4th December 2012. The two applications shall be heard on a date to be taken at the registry on priority basis.
DATED at NAIROBI this 22nd day of May 2015
A.O. MUCHELULE
JUDGE
DELIVERED at NAIROBI this 28th day of May, 2015
W. MUSYOKA
JUDGE