[2017] KEHC 3078 (KLR)
The court determined that before making any final orders on the application for review, it is necessary to ascertain the true status of Nairobi CMCCC No. 1795 of 1995, as the existence or non-existence of a valid judgment or dismissal in that suit directly impacts the merits of the applications before the court. The...
Source-derived case information.
- Citation
- [2017] KEHC 3078 (KLR)
- Parties
- Applicant: Applicants in applications dated 1st and 24th April 2014; Respondent: 1st Respondent to the applications
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 202 of 1990
- Procedural Posture
- Succession Cause / Interlocutory Application for Review
- Outcome
- interim directions issued; no final determination on the application for review pending perusal of related court file
- Judges
- DN Musyoka
- Legal Topics
- Review of Orders, Status of Judgment, Dismissal for Non Attendance, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicants in applications dated 1st and 24th April 2014
Applicant
1st Respondent to the applications
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Review
Legal Issues
- 1 Whether the judgment in Nairobi CMCCC No. 1795 of 1995 was set aside and the suit dismissed, thereby affecting the basis of the previous ruling.
- 2 Whether the applications previously dismissed should be revisited and determined on their merits in light of the alleged developments in Nairobi CMCCC No. 1795 of 1995.
Ratio Decidendi
The court determined that before making any final orders on the application for review, it is necessary to ascertain the true status of Nairobi CMCCC No. 1795 of 1995, as the existence or non-existence of a valid judgment or dismissal in that suit directly impacts the merits of the applications before the court. The Deputy Registrar is therefore directed to call for the relevant court file to enable the court to make an informed decision. The matter will be mentioned thereafter for allocation of a ruling date once the file is available and perused.
Court Disposition
interim directions issued; no final determination on the application for review pending perusal of related court file
Orders
- The Deputy Registrar is directed to call for the court file in Nairobi CMCCC No. 1795 of 1995.
- The matter shall be mentioned thereafter for allocation of a ruling date on the application dated 4th May 2017.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 202 OF 1990
IN THE MATTER OF THE ESTATE OF CHEGE KIRUMBA (DECEASED)
RULING
1. On 25th November 2016 I delivered a ruling dismissing applications dated 1st and 24th April 2014, save for grant of one prayer, largely on the basis that the court in Nairobi CMCCC No. 1795 of 1995 had entered a judgment which ought to be respected and complied with.
2. The applicants in the two applications have come back to court vide an application dated 4th May 2017. Their case is that the court was misled, the judgment in Nairobi CMCCC No. 1795 of 1995 was set aside by consent on 2nd December 1996, and the entire suit in Nairobi CMCCC No. 1795 of 1995 subsequently dismissed for non-attendance on 16th June 1999. That being the case, they argue, the court should revisit the dismissed applications and determine them on their merits.
3. The 1st respondent to those applications, and in the instant application, has exhibited proceedings that appear to suggest that Nairobi CMCCC No. 1795 of 1995 is still alive or might have been revived after the dismissal of 16th June 1999 given the appearances recorded to have happened in 2001.
4. Before I can make final orders on the review application before me, I need to peruse through Nairobi CMCCC No. 1795 of 1995 to satisfy myself as to the status of that suit, for the orders made in it should have a profound effect on the final outcome of these proceedings.
5. I hereby direct the Deputy Registrar to call for the court file in Nairobi CMCCC No. 1795 of 1995. This matter shall be mentioned thereafter so that I can allocate a date for ruling on the application dated 4th May 2017.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OF SEPTEMBER, 2017.
W. MUSYOKA
JUDGE