[2019] KEHC 7577 (KLR)
The court found that unresolved issues between the estates of the citor’s and citee’s fathers could only be addressed if there was a legal representative for the deceased’s estate. The merits of any claim would be determined at the appropriate time and forum, but the threshold for compelling the citee to file for...
Source-derived case information.
- Citation
- [2019] KEHC 7577 (KLR)
- Parties
- Applicant: Johnson Wabwire Ogola; Respondent: Vincent Lumumba Egesa
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 137 of 2018
- Procedural Posture
- Miscellaneous Succession Application / Ruling
- Outcome
- application allowed
- Judges
- KW Kiarie
- Legal Topics
- Probate and Administration, Citation Proceedings, Appointment of Legal Representative
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Johnson Wabwire Ogola
Applicant
Vincent Lumumba Egesa
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling
Legal Issues
- 1 Whether the citee should be compelled to file a succession cause in respect of the estate of Egesa Ademba Adundo.
- 2 Whether the citor should be allowed to file the succession cause if the citee fails to do so within a specified period.
Ratio Decidendi
The court found that unresolved issues between the estates of the citor’s and citee’s fathers could only be addressed if there was a legal representative for the deceased’s estate. The merits of any claim would be determined at the appropriate time and forum, but the threshold for compelling the citee to file for succession had been met. Therefore, the citee was ordered to file a succession cause within 30 days, failing which the citor would be at liberty to do so.
Court Disposition
application allowed
Orders
- The citee shall file a succession cause within 30 days in respect of the estate of Egesa Ademba Adundo.
- If the citee fails to comply, the citor is at liberty to file the succession cause.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE HIGH COURT OF KENYA AT BUSIA
MISCELLANEOUS SUCCESSION APPLICATION NO. 137 OF 2018
IN THE ESTATE OF:
EGESA ADEMBA ADUNDO.............................................DECEASED
BETWEEN
JOHNSON WABWIRE OGOLA.................................................CITOR
AND
VINCENT LUMUMBA EGESA....................................................CITEE
RULING
1. Johnson Wabwire Ogola filed a citation in respect of Vincent Lumumba Egesa, the cite herein for orders that:
a) That the citee be compelled to file a succession cause in respect the estate of EGESA ADEMBA ADUNDO, his father;
b) In the alternative, he (citor) be allowed to do so if the citees does not comply to do so within a specified period.
2. The application is premised on the following grounds:
a) That the citee is the son of the said EGESA ADEMBA ADUNDOdeceased, and therefore is entitled to file a succession cause in respect of his deceased father’s estate.
b) That the citor has a claim against the estate of EGESA ADEMBA ADUNDOon behalf of his father’s estate.
c) That the citor cannot be able to pursue the claim unless a legal representative of the estate of EGESA ADEMBA ADUNDO has been appointed.
3. The application was opposed by the citee on the following grounds:
a) That the applicant has no legal or equitable interest in the estate of the deceased.
b) That the application is seeking to resurrect Busia SRM C.C No.32 of 1986.
4. I have perused the affidavits by both parties and it is clear that there were unresolved issues before the father of the citor and the father of the citee passed on. These unresolved issues can only be addressed if the estate of each deceased has a legal representative. The issue of merits or lack of the same can only be argued at the appropriate time and forum.
5. The application has merits. I direct that the citee files a succession cause within 30 days in respect of the estateEGESA ADEMBA ADUNDO and if he fails to comply, the citor will be at liberty to do so.
6. Each party shall bear own costs.
DELIVERED and SIGNED at BUSIA this 21st day of May, 2019
KIARIE WAWERU KIARIE
JUDGE