[2025] KEHC 3324 (KLR)
The court found that since the parties had entered into a consent dated 6th December 2024, which was already on record, the issues raised in the application dated 28th June 2024 had been resolved amicably. There was no longer any live dispute requiring judicial determination. Accordingly, the court exercised its...
Source-derived case information.
- Citation
- [2025] KEHC 3324 (KLR)
- Parties
- Applicant: Susan Muthoni Kamande; Applicant: Naomi Wanjiku Kamande; Respondent: Kinyanjui Kirimi Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 898 of 2011
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Matter marked as closed by consent of the parties.
- Judges
- HK Chemitei
- Legal Topics
- Succession Proceedings, Estate Administration, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Muthoni Kamande
Applicant
Naomi Wanjiku Kamande
Applicant
Kinyanjui Kirimi Advocates
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the application dated 28th June 2024 requires determination following the parties' consent.
- 2 Whether the matter should be marked as closed based on the compromise reached by the parties.
Ratio Decidendi
The court found that since the parties had entered into a consent dated 6th December 2024, which was already on record, the issues raised in the application dated 28th June 2024 had been resolved amicably. There was no longer any live dispute requiring judicial determination. Accordingly, the court exercised its discretion to mark the matter as closed, as the consent effectively compromised the proceedings. The court emphasized that it would not address the merits of the application in light of the parties' agreement.
Court Disposition
Matter marked as closed by consent of the parties.
Orders
- The matter is hereby marked closed unless otherwise moved.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Anne Nyambura Kamande (Deceased) (Succession Cause 898 of 2011) [2025] KEHC 3324 (KLR) (Family) (20 March 2025) (Directions)
Neutral citation: [2025] KEHC 3324 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 898 of 2011
HK Chemitei, J
March 20, 2025
IN THE MATTER OF THE ESTATE OF THE LATE ANNE NYAMBURA KAMANDE (DECEASED)
Directions
1. Before the court is an application dated 28th June 2024 by Susan Muthoni Kamande and supported by Naomi Wanjiku Kamande.
2. The same was responded to by the firm of Kinyanjui Kirimi Advocates.
3. This court on 28th October 2024 had reserved the ruling for 6th February 2025.
4. However, vide a consent by the parties dated 6th December 2024 which is already in the court file it appears the parties have since agreed. The matter is therefore compromised and the court does not see the need to address the above application.
5. In the premises this matter is hereby marked closed unless otherwise moved.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20THDAY OF MARCH 2025. H K CHEMITEIJUDGE