[2018] KEHC 8184 (KLR)
The court found that since the applicant, Kyambi Muthangya, is deceased and her family members have shown no interest in pursuing the matter, the advocate cannot proceed without instructions. Therefore, it is appropriate to grant leave for the advocate to cease acting. The administrators of the estate are at liberty...
Source-derived case information.
- Citation
- [2018] KEHC 8184 (KLR)
- Parties
- Applicant: Kyambi Muthangya; Respondent: Beatrice Kamene Muthangya; Respondent: John Kimanzi Muthangya
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 5 of 2016
- Procedural Posture
- Succession Cause / Ruling on Advocate's Application to Cease Acting
- Outcome
- Application allowed. Leave granted for Kalili & Co. Advocates to cease acting for the applicant.
- Judges
- LN Mutende
- Legal Topics
- Withdrawal of Advocate, Representation of Estate, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kyambi Muthangya
Applicant
Beatrice Kamene Muthangya
Respondent
John Kimanzi Muthangya
Respondent
Procedural Posture
Succession Cause / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the firm of Kalili & Co. Advocates should be granted leave to cease acting for the applicant due to her demise and lack of interest from her family members.
Ratio Decidendi
The court found that since the applicant, Kyambi Muthangya, is deceased and her family members have shown no interest in pursuing the matter, the advocate cannot proceed without instructions. Therefore, it is appropriate to grant leave for the advocate to cease acting. The administrators of the estate are at liberty to pursue the matter in accordance with the law.
Court Disposition
Application allowed. Leave granted for Kalili & Co. Advocates to cease acting for the applicant.
Orders
- The firm of Kalili & Co. Advocates is granted leave to cease acting for Kyambi Muthangya.
- The administrators of the estate to pursue the matter in accordance with the law.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
SUCCESSION CAUSE NO. 5 OF 2016
IN THE MATTER OF THE ESTATE OF BENJAMIN MUTHANGYA NGUTI (DECEASED)
KYAMBI MUTHANGYA.............................................APPLICANT
VERSUS
BEATRICE KAMENE MUTHANGYA............1ST RESPONDENT
JOHN KIMANZI MUTHANGYA...................2ND RESPONDENT
R U L I N G
1. By way of Chamber Summons, the firm of Kalili & Co. Advocatesseek to cease acting for the Applicant in this cause.
2. The application is based on grounds that Kyambi Muthangya who retained them to act in this matter has since passed on and none of her family members has shown interest to take over the prosecution of the cause.
3. In an affidavit in support of the application Francis Kalili Advocatedepones that he learnt from Mbuvi Ngatiof the demise of the Deceased who subsequently availed her children:
Syombua Muthangya
Kasau Muthangya
Kanini Muthangya
And Munanu Muthangya
who were not interested in the matter consequently he is not able to proceed with the matter without instructions.
4. Kyambi Muthangya,now deceased, came into this matter alleging to be a wife to the Deceased. The matter is pending hearing of the application dated 1st August, 2014. In the premises, the firm of Kalili and Company Advocatesare granted leave to cease acting for her. The Administrators of the Estate to pursue the matter in accordance with the law.
5. It is so ordered.
Dated, Signedand Deliveredat Kituithis 27thday of February,2018.
L. N. MUTENDE
JUDGE