[2025] KEHC 1032 (KLR)
The court found that the applicant's summons dated 14th September, 2024, seeking a special grant of letters of administration ad colligenda bona defuncti and related injunctive relief, was substantially similar to an earlier application filed in P & A E671 of 2024, which had already been struck out. By lodging a...
Source-derived case information.
- Citation
- [2025] KEHC 1032 (KLR)
- Parties
- Applicant: Margaret Njeri Kirugu; Respondent: Margaret Wanjiru Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E766 of 2024
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application for Special Grant and Injunction
- Outcome
- application struck out as abuse of court process; proceedings closed; files consolidated
- Judges
- CJ Kendagor
- Legal Topics
- Grant of Letters of Administration, Ad Colligenda Bona Defuncti, Injunctions in Succession, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Njeri Kirugu
Applicant
Margaret Wanjiru Mwangi
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Application for Special Grant and Injunction
Legal Issues
- 1 Whether the applicant is entitled to a special grant of letters of administration ad colligenda bona defuncti for the management of the deceased's property pending determination of the succession cause.
- 2 Whether a temporary injunction should issue restraining the respondent from collecting rent or leasing out the deceased's property.
- 3 Whether the application constitutes an abuse of court process given the existence of a similar application in a related succession cause.
Ratio Decidendi
The court found that the applicant's summons dated 14th September, 2024, seeking a special grant of letters of administration ad colligenda bona defuncti and related injunctive relief, was substantially similar to an earlier application filed in P & A E671 of 2024, which had already been struck out. By lodging a fresh application in a new succession cause (P & A 766 of 2024) seeking the same orders, the applicant engaged in forum shopping and an abuse of the court process. The court emphasized that parties must not file duplicative proceedings or applications for the same relief in respect of the same estate, as this undermines the orderly administration of justice. Consequently, the...
Court Disposition
application struck out as abuse of court process; proceedings closed; files consolidated
Orders
- The application dated 14th September, 2024 is struck out with costs to the respondent.
- Proceedings in P & A 766 of 2024 are closed.
Full Case Text
Judgment text and source record
29 paragraphs
In re Estate of Esther Wangari Waithaka - Deceased (Succession Cause E766 of 2024) [2025] KEHC 1032 (KLR) (Family) (24 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1032 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E766 of 2024
CJ Kendagor, J
February 24, 2025
IN THE MATTER OF THE ESTATE OF ESTHER WANGARI WAITHAKA – DECEASED
Between
Margaret Njeri Kirugu
Plaintiff
and
Margaret Wanjiru Mwangi
Defendant
Ruling
1. The Applicant, Margaret Njeri Kirugu, files summons dated 14th September, 2024 in which Margaret Wanjiru Mwangi is cited as the Respondent.
2. The Application is seeking for the following Orders:-a.That this application be certified as urgent and service of this application be dispensed with in the first instance.b.That this honourable court be pleased to issue a special Grant of Letters of Administration Ad Colligenda bona defuncti limited to the management and administration of the Deceased’s parcel of land No. LR Nairobi Block 262/87 which is a commercial property with tenants in actual possession and occupation pending hearing and determination of this application.c.That this honourable court do grant a temporary injunction restraining the Respondent by herself or by her agent’s servants employees and/or assigns from demanding or collecting rent from any of the tenants using and occupying the Deceased’s parcel of land No. LR Nairobi Block 262/87 (previously Plot No.3-119 Mathare North) located at Mathare within Nairobi City and/or leasing out the premises therein pending the hearing and determination of this Application.d.That honourable court do grant the Petitioner/Applicant herein with Grant of Letters of Administration Ad Colligendabona defuncti limited to the management and administration of the Deceased’s parcel of land No. LR Nairobi Block 262/87 (previously Plot No.3-119 Mathare North) located at Mathare within Nairobi City by allowing the Applicants to manage, leasing out and collecting rental proceeds among other related duties and obligation pending hearing and determination of this cause and/or in alternative the court to appoint a property management company pending hearing and determination of the special grant.e.That the Respondent to provide an accurate account and inventory of the income from the property since deceased demise on 13th June, 2024. f.That the OCS, Muthaiga Police Starion do enforce compliance of the above orders by ensuring peace and order prevail at all time.g.Any other necessary order this court may deem fit to grant in the interest of justice.h.That the costs of this Application be provided for.
3. The Respondent opposed the application and filed a Replying Affidavit sworn on 15th October, 2024.
4. There exists P & A E671 of 2024 which is in respect of the same Estate. There is also reference to the Estate of Gabriel Kirugu Wanjigi – P & A 936 of 2018 that the Applicant has annexed a copy of the Grant issued on 13th May, 2019.
5. P& A E671 of 2024 has an application similar to the present one dated 20th August, 2024. The orders sought are similar.
6. The Application dated 20th August, 2024 was struck out on 21st August, 2024. The Applicant is attempting to get a second bit on the application by lodging another Succession Cause – presenting P & A 766 of 2024.
7. The Application dated 14th September, 2024 is an abuse of the Court process and is hereby struck out with costs to the Respondent.
8. Proceedings in P & A766 of 2024 are closed.
9. I order that the file P & A 766 of 2024 be consolidated with P & A E671 of 2024.
10. Upon consolidation, the same shall be placed before Deputy Registrar for directions on processing of P & A E671 of 2024 which shall be the lead file.
11. Mention on 18th March, 2025 before Deputy Registrar.
12. It is so ordered.
DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 24TH DAY OF FEBRUARY, 2025. C. KENDAGORJUDGEIn the presence of:-Court Assistant: BerylMargaret Njeri Kirugu – PlaintiffMargaret Wanjiru Mwangi - Defendant