[2022] KEHC 13902 (KLR)
The court found that the advocate for the applicant had demonstrated sufficient cause for her failure to attend the hearing on October 2, 2019, namely that she was unwell. Since the application for reinstatement was not opposed, the court exercised its discretion to allow the application and reinstate the review...
Source-derived case information.
- Citation
- [2022] KEHC 13902 (KLR)
- Parties
- Applicant: Reuben Kamau Kamaru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 856A of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement of Review Application
- Outcome
- Application for reinstatement allowed.
- Judges
- AO Muchelule
- Legal Topics
- Probate and Administration, Reinstatement of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kamau Kamaru
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement of Review Application
Legal Issues
- 1 Whether the application for review dated May 25, 2019 should be reinstated after being dismissed for non-attendance.
- 2 Whether sufficient cause was shown for the advocate's failure to attend the hearing.
Ratio Decidendi
The court found that the advocate for the applicant had demonstrated sufficient cause for her failure to attend the hearing on October 2, 2019, namely that she was unwell. Since the application for reinstatement was not opposed, the court exercised its discretion to allow the application and reinstate the review application dated May 25, 2019. The court further directed that the substantive application dated December 15, 2022, be set down for hearing and served on all beneficiaries. Costs were ordered to be in the cause.
Court Disposition
Application for reinstatement allowed.
Orders
- The application dated November 7, 2019 to reinstate the application dated May 25, 2019 for review is allowed.
- The application dated December 15, 2022 shall be heard on January 23, 2023 and be served on all beneficiaries.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of James Kamau Kamaru (Deceased) (Succession Cause 856A of 2006) [2022] KEHC 13902 (KLR) (Family) (17 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13902 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 856A of 2006
AO Muchelule, J
October 17, 2022
IN THE MATTER OF THE ESTATE OF JAMES KAMAU KAMARU (DECEASED)
In the matter of
Reuben Kamau Kamaru
Petitioner
Ruling
1. The application dated November 7, 2019 to reinstate the application dated May 25, 2019 for review was not opposed. It is allowed. The advocate Susan Waithera Kagwe has demonstrated that she was unwell and that was why she could not attend the hearing of October 2, 2019.
2. That being the case, the application dated December 15, 2022 shall be heard on January 23, 2023. The same be served on all beneficiaries.
3. Costs shall be in the cause.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 17THDAY OF OCTOBER 2022. A O MUCHELULEJUDGE