[2024] KEHC 1997 (KLR)
The court found that the original will dated 19th July 1994 is already on the court record and available for inspection. The applicants' failure to access the will was attributed to their own lack of diligence rather than any omission by the respondent. The court held that there was no merit in compelling the...
Source-derived case information.
- Citation
- [2024] KEHC 1997 (KLR)
- Parties
- Applicant: Francis Njenga Kamau & 2 others; Respondent: Jackson Ngigi Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1846 of 2001
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application
- Outcome
- application dismissed with costs
- Judges
- HK Chemitei
- Legal Topics
- Probate and Administration, Inspection of Will, Grant of Probate, Production of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njenga Kamau & 2 others
Applicant
Jackson Ngigi Kamau
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the respondent should be compelled to produce and deliver the original will of the deceased for inspection by the applicants' counsel.
- 2 Whether the original will is already on court record and accessible to the applicants.
Ratio Decidendi
The court found that the original will dated 19th July 1994 is already on the court record and available for inspection. The applicants' failure to access the will was attributed to their own lack of diligence rather than any omission by the respondent. The court held that there was no merit in compelling the respondent to produce a document already on record. Consequently, the application was dismissed with costs, but the applicants and their counsel were granted liberty to inspect the original will at their convenience and make a copy if necessary.
Court Disposition
application dismissed with costs
Orders
- The application dated 16th June 2023 is dismissed with costs.
- The applicants and their counsel are at liberty to inspect the original will at their convenience and make an appropriate copy if need be.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Edith Wanjiku Kamau (Deceased) (Succession Cause 1846 of 2001) [2024] KEHC 1997 (KLR) (Family) (29 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1997 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1846 of 2001
HK Chemitei, J
February 29, 2024
IN THE MATTER OF THE ESTATE OF EDITH WANJIKU KAMAU (DECEASED)
Between
Francis Njenga Kamau & 2 others
Applicant
and
Jackson Ngigi Kamau
Respondent
Ruling
1. In their application dated 16th June 2023 the applicants pray for orders that the petitioner herein Jackson Ngigi Kamau be ordered to produce and deliver to the court registry the original will of Edith Wanjiru Kamau (deceased) referred to in his application for grant of probate of the written Will herein within 7 days for inspection by the objectors’ counsel.
2. The application is based on the grounds thereof and the affidavit of Francis Njenga Kamau sworn on the same date.
3. The gist of the application is that the applicants have been unable to see and peruse the original will of the deceased that the respondent used in this cause and had the grant issued and later confirmed in his favour.
4. The respondent vide the grounds of opposition dated 7th July 2023 has opposed the said application on the grounds among others that the said will is on record and that the applicants are at liberty to peruse. They also accused the applicants of mischief as they have brought this matter twenty years later after the grant was confirmed.
5. The court directed the parties to file written submissions and the applicant apparently alone filed the same. I have perused the submissions on record together with the cited authorities.
6. The court has had occasion to peruse the court file and contrary to the applicant’s allegations the said original will dated 19th July 1994 is on record. Various copies have been made and I think that it was non diligence of the applicants and their counsel that led to this application.
7. In the premises and for the reason stated above the application is unmeritorious and the same is dismissed with costs.
8. The applicants and their counsels be at liberty to inspect the said original will at their convenience and make an appropriate copy if need be.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 29TH FEBRUARY 2024H K CHEMITEI.JUDGE