[2021] KEHC 13013 (KLR)
The court found that the applicant, having obtained a decree for taxed costs against the estate, is an acknowledged creditor whom the administrators are obliged to pay under section 83(c) of the Law of Succession Act. There is no outstanding dispute requiring adjudication in the succession cause, and the applicant...
Source-derived case information.
- Citation
- [2021] KEHC 13013 (KLR)
- Parties
- Applicant: Karanja Kiarie & Co. Advocates; Respondent: Harsha Bakrania; Respondent: Agnes Waithera Mwangi; Respondent: Vallabh Dilip Bakrania
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1057 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder as Interested Party
- Outcome
- application dismissed with costs
- Judges
- AO Muchelule
- Legal Topics
- Succession Procedure, Creditor Claims, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karanja Kiarie & Co. Advocates
Applicant
Harsha Bakrania
Respondent
Agnes Waithera Mwangi
Respondent
Vallabh Dilip Bakrania
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether the applicant should be joined as an interested party in the succession cause to enable execution of a decree against the estate.
- 2 Whether the applicant's claim against the estate has already been settled in a separate civil application.
- 3 Whether there is any outstanding dispute between the applicant and the estate requiring adjudication in the succession proceedings.
Ratio Decidendi
The court found that the applicant, having obtained a decree for taxed costs against the estate, is an acknowledged creditor whom the administrators are obliged to pay under section 83(c) of the Law of Succession Act. There is no outstanding dispute requiring adjudication in the succession cause, and the applicant does not need to be joined as an interested party to execute the decree. The application for joinder is therefore unnecessary and misconceived.
Court Disposition
application dismissed with costs
Orders
- The application for joinder as an interested party is dismissed with costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 1057 OF 2011
IN THE MATTER OF THE ESTATE OF JAYANTILAL HARIBHAI BAKRANIA (DECEASED)
KARANJA KIARIE & CO. ADVOCATES.................APPLICANT
VERSUS
HARSHA BAKRANIA.......................................1ST RESPONDENT
AGNES WAITHERA MWANGI......................2ND RESPONDENT
VALLABH DILIP BAKRANIA.......................3RD RESPONDENT
RULING
1. The applicant Karanja Kiarie & Co. Advocates filed an advocate/client Bill of Costs against Harsha Bakrania (1st respondent) who was then the sole administrator of the estate of the deceased Jayantilal Haribhai Bakrania who died intestate on 18th September 2010. The deceased left a vast estate. The Bill of Costs was taxed at Kshs.7,605,223/60. A certificate of taxation was issued in favour of the applicant against the 1st and 2nd respondents. Following an application, a consent was entered in which it was acknowledged that a decree in the amount would be executed against the estate of the deceased.
2. The present application dated 1st September 2020 seeks that the applicant be joined in this succession cause as an interested party to be able to proceed with the execution process. The application was opposed by the 1st respondent on the grounds that the same was incompetent, and that the claim by the applicant had already been settled in Nairobi HC Misc. Civil Application No. 75 of 2016. This is where the Bill of Costs was taxed.
3. There is no outstanding dispute between the estate of the deceased and the applicant that requires adjudication by the sought joinder. The applicant is an acknowledged creditor of the estate of the deceased whom the administratrices of the estate are obliged to pay under section 83(c) of the Law of Succession Act (Cap. 160). I note that the joint grant issued to the respondents has not been confirmed. Now that the applicant has a decree he can commence execution proceedings against the estate. The applicant does not need to be joined in the succession proceedings.
4. Consequently, I find the application for joinder to be unnecessary and misconceived, and dismiss it with costs.
DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF JUNE 2021.
A.O. MUCHELULE
JUDGE