[2020] KEHC 2806 (KLR)
The court found that, in light of its previous directions in Meru H.C Succession Cause No. 432 of 2014, there was no need to transfer the lower court cause as requested by the applicant. The applicant had already been directed to file objection proceedings in the Meru Chief Magistrate’s Succession Cause No. 96 of...
Source-derived case information.
- Citation
- [2020] KEHC 2806 (KLR)
- Parties
- Respondent: Emily Karambu; Applicant: Felicity Mukiri Nthiga; Interested Party: Lawrence Munee Ntara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 23 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Succession Cause
- Outcome
- application overtaken by events; no order as to costs
- Judges
- A Mabeya
- Legal Topics
- Succession Proceedings, Transfer of Cause, Probate and Administration, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Karambu
Respondent
Felicity Mukiri Nthiga
Applicant
Lawrence Munee Ntara
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Succession Cause
Legal Issues
- 1 Whether Meru Chief Magistrate’s Succession Cause No. 96 of 2020 should be transferred to the High Court for determination.
- 2 Whether the succession proceedings in the lower court were incompetent or fraudulent.
- 3 Whether the applicant was properly excluded from the lower court proceedings.
Ratio Decidendi
The court found that, in light of its previous directions in Meru H.C Succession Cause No. 432 of 2014, there was no need to transfer the lower court cause as requested by the applicant. The applicant had already been directed to file objection proceedings in the Meru Chief Magistrate’s Succession Cause No. 96 of 2019 to establish her interest. The application for transfer was therefore rendered moot and overtaken by events, as the appropriate procedural avenue had already been provided for the applicant to assert her claims.
Court Disposition
application overtaken by events; no order as to costs
Orders
- The application for transfer is marked as overtaken by event.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISC. SUCCESSION CAUSE NO. 23 OF 2020
IN THE MATTER OF AN APPLICATION FOR TRANSFER
IN THE MATTER OF MERU CHIEF MAGISTRATEE’S SUCCESSION CAUSE NO.96 OF 2020 (ESTATE OF ALEX MUTWIRI NTARA - DECEASED)
EMILY KARAMBU................PETITIONER/RESPONDENT
VERSUS
FELICITY MUKIRI NTHIGA.......OBJECTOR/APPLICANT
AND
LAWRENCE MUNEE NTARA ............INTERESTED PARTY
R U L I N G
1. This matter relates to the summons dated 10/08/2020 brought under Section 47 and Rue 73 of the Probate and Administration Rules CAP 160 Laws of Kenya. The applicant seeks the transfer of Meru Chief Magistrate’s Succession Cause No. 96 of 2020 to this court for appropriate orders as to its determination.
2. The grounds upon which the application is grounded upon are set out in the application and the supporting affidavit of Felicity Mukiri Nthiga sworn on 10/09/2020. It is contended that the succession cause filed in Meru Chief Magistrate’s Court is incompetent and fraudulent ab initio. That the respondent filed the said cause to distribute the estate of the applicant’s husband without her knowledge.
3. She relied on the grant issued by this court on 12/06/2018 in Meru HC Succession Cause NO. 432 of 2014 and amended to include the applicant’s name on 21/02/2019. The applicant contended that the respondent and some of her siblings are trying to disinherit her of her husband’s properties. Since the cause in the High Court is still active, Cause No. 96 of 2020 (“the said Cause”) is incompetent and needs to be transferred to this court for scrutiny and appropriate orders.
4. This was opposed by the respondent vide the replying affidavit of Emily Karambu Ntara sworn on 11/08/2020. She deponed that the said Cause was not fraudulent neither was it incompetent. That her brother, Alex Mutwiri Ntara who died on 10/12/2018 was not married and had no child.
5. She further contended that she filed the said Cause to succeed his estate. That the applicant had secretly filed an application at Mavoko Law Courts for a limited grant over the estate of her brother and used the same to come into their mother’s proceedings alleging to be the wife. To her, the applicant was a stranger and not a beneficiary.
6. The Interested Party also opposed the application vide his replying affidavit sworn on 11/09/2020. He supported the averments of the respondent.
7. In view of what this Court held in Meru H.C Succession Cause No. 432 of 2014, I see no need to make any pronouncement herein. In the said Cause, this Court has directed that the applicant herein does file an Objection proceeding in the Meru CM Succession Cause No. 96 of 2019 and establish her interest therein.
8. Accordingly, the application is hereby marked as overtaken by event with no order as to costs.
DATEDand DELIVEREDat Meru this 1st day of October, 2020.
A. MABEYA
JUDGE