[2019] KEHC 1006 (KLR)
The court found that the applicants had provided sufficient grounds for the delay in seeking substitution of the deceased parties and for revival of the suit. As the application was unopposed and the reasons for delay were explained, the court exercised its discretion to grant the orders sought, allowing...
Source-derived case information.
- Citation
- [2019] KEHC 1006 (KLR)
- Parties
- Applicant: Margaret Wangechi; Applicant: Benson Mwangi Kariuki; Applicant: Joram Benard Kariuki; Applicant: Jane Wambui Kung'u; Applicant: Nahashon Chege Kariuki; Applicant: Robert Kimemia Kariuki; Applicant: Estate of Eva Njeri; Applicant: Geoffrey Kamau Kariuki; Respondent: Benson Mugo Kariuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1234 of 2007
- Procedural Posture
- Succession Cause / Ruling on Substitution and Revival of Suit
- Outcome
- Application for substitution and revival granted.
- Judges
- A Ali-Aroni
- Legal Topics
- Substitution of Parties, Abatement of Suit, Revival of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wangechi
Applicant
Benson Mwangi Kariuki
Applicant
Joram Benard Kariuki
Applicant
Jane Wambui Kung'u
Applicant
Nahashon Chege Kariuki
Applicant
Robert Kimemia Kariuki
Applicant
Estate of Eva Njeri
Applicant
Geoffrey Kamau Kariuki
Applicant
Benson Mugo Kariuki
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution and Revival of Suit
Legal Issues
- 1 Whether the court should allow substitution of deceased applicants in a succession cause.
- 2 Whether the suit against the deceased applicants should be revived after abatement.
Ratio Decidendi
The court found that the applicants had provided sufficient grounds for the delay in seeking substitution of the deceased parties and for revival of the suit. As the application was unopposed and the reasons for delay were explained, the court exercised its discretion to grant the orders sought, allowing substitution of the deceased applicants and revival of the suit against them.
Court Disposition
Application for substitution and revival granted.
Orders
- Prayers 1-4 of the application dated 10th September, 2019 are granted.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1234 OF 2007
IN THE MATTER OF THE ESTATE BENARD KARIUKI THORONJA (DECEASED)
MARGARET WANGECHI..................................1ST APPLICANT
BENSON MWANGI KARIUKI...........................2ND APPLICANT
JORAM BENARD KARIUKI..............................3RD APPLICANT
JANE WAMBUI KUNG’U....................................4TH APPLICANT
NAHASHON CHEGE KARIUKI........................5TH APPLICANT
ROBERT KIMEMIA KARIUKI..........................6TH APPLICANT
ESTATE OF EVA NJERI......................................7TH APPLICANT
GEOFFREY KAMAU KARIUKI........................6TH APPLICANT
VERSUS
BENSON MUGO KARIUKI....................................RESPONDENT
R U L I N G
1. The application before court dated 10th September, 2019 seeks to substitute the 5th and 8th Applicants who are deceased with other persons and to revive the suit against the two which abated.
2. Grounds were listed as to why it took long to make the relevant substitution.
3. The application was not opposed.
4. Consequently prayers 1-4 be and are hereby granted.
Dated and Delivered in Nairobi on this19TH day of December, 2019
.....................
ALI-ARONI
JUDGE