[2021] KEHC 3464 (KLR)
The court found that its order of 6th May 2019 did not direct the consolidation of Succession Cause No. 2281 of 2014 and 2634 of 2000, but merely required the files to be placed together for reference. The application for review was therefore based on a misreading of the court's order. The court emphasized that...
Source-derived case information.
- Citation
- [2021] KEHC 3464 (KLR)
- Parties
- Applicant: Gicheru Waweru Wahinya; Applicant: Francis Ndungu Waweru; Respondent: Robert Thiongo Kariuki; Respondent: Leonard Munyua Mbugua; Respondent: Beatrice Wanjiku Nguhi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2281 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Court Order
- Outcome
- application dismissed with costs
- Judges
- A Ali-Aroni
- Legal Topics
- Review of Court Orders, Succession Proceedings, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gicheru Waweru Wahinya
Applicant
Francis Ndungu Waweru
Applicant
Robert Thiongo Kariuki
Respondent
Leonard Munyua Mbugua
Respondent
Beatrice Wanjiku Nguhi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Court Order
Legal Issues
- 1 Whether the court order of 6th May 2019 directed consolidation of Succession Cause No. 2281 of 2014 and 2634 of 2000.
- 2 Whether the application for review is merited or constitutes an abuse of court process.
Ratio Decidendi
The court found that its order of 6th May 2019 did not direct the consolidation of Succession Cause No. 2281 of 2014 and 2634 of 2000, but merely required the files to be placed together for reference. The application for review was therefore based on a misreading of the court's order. The court emphasized that consolidation is a formal process that combines matters for hearing, which was not ordered in this instance. The application was deemed a waste of judicial time and an abuse of court process, and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 23rd February 2021 is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2281 OF 2014
GICHERU WAWERU WAHINYA
FRANCIS NDUNGU WAWERU....................................... APPLICANTS
VERSUS
ROBERT THIONGO KARIUKI
LEONARD MUNYUA MBUGUA
BEATRICE WANJIKU NGUHI.................................... RESPONDENTS
RULING
1. I must say from the onset that I am dismayed by the application dated 23rd February 2021 filed by counsel for the applicant. Firstly, because it is good practice and it behooves a party to a suit or who has any interest in a matter to study the file and particularly any order before filing an application and insinuating the court erred. Secondly, the law requires the cooperation of counsel for the court to deliver expeditious decision and in saving judicial time.
2. The application subject of this ruling seeks this court to review its order of 6th May 2019 purportedly directing inter alia consolidation of Succession Cause No. 2281 of 2014 and 2634 of 2000.
3. The record is clear that order issued by this court on 6th May 2019 stated (quoted verbatim)
“1. The further affidavit be served upon counsel for the Respondent.
2. The application in Succession Cause No. 2634 of 2000 be equally served.
3. The Respondent be at liberty to respond to the application dated 21st February 2019.
4. Further mention on 30th July 2019.
5. File No. 2634/2000 be placed together with this file. (Emphasis added).
6. By consent of parties the estate herein be preserved pending further orders.”
4. There is further a note from Hon. Mukabi(D.R then) stating:
“Original records pertaining to P&A 2634 of 2000 retrieved and placed alongside this file.”
5. Consolidation of two suits means combining of the two matters into one for purposes of hearing. Placing a file with another is not synonymous with consolidation but having the file brought to the court’s attention possibly for reference.
6. I need not say more. The record is as clear as can be, save to add that the application is a total waste of time and abuse of court process. It must fail with costs.
DELIVERED AND SIGNED AT NAIROBI THIS 30th DAY OF SEPTEMBER, 2021.
………………...
ALI ARONI
JUDGE