[2016] KEHC 244 (KLR)
The court found that the applicants, having purchased the subject land after a restraining order was issued and served, are not beneficiaries or creditors of the estate and therefore lack standing to be enjoined as interested parties in the succession cause. The proper recourse for the applicants is to pursue claims...
Source-derived case information.
- Citation
- [2016] KEHC 244 (KLR)
- Parties
- Applicant: Fredrick Wamwaki; Applicant: Grace Waithira Wamwaki; Respondent: Ruth Wangari Maina; Respondent: Jane Waithera Maina; Respondent: Cyrus Mukunya Maina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1077 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder of Interested Parties
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Joinder of Parties, Succession Proceedings, Purchaser for Value, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Wamwaki
Applicant
Grace Waithira Wamwaki
Applicant
Ruth Wangari Maina
Respondent
Jane Waithera Maina
Respondent
Cyrus Mukunya Maina
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the applicants should be enjoined as interested parties in the succession cause.
- 2 Whether purchasers of estate property after a court order restraining transactions can be joined in succession proceedings.
Ratio Decidendi
The court found that the applicants, having purchased the subject land after a restraining order was issued and served, are not beneficiaries or creditors of the estate and therefore lack standing to be enjoined as interested parties in the succession cause. The proper recourse for the applicants is to pursue claims against the individuals with whom they transacted, not within the succession proceedings. The application for joinder was accordingly dismissed.
Court Disposition
application dismissed
Orders
- The application dated 30/9/14 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1077 OF 2012
IN THE MATTER OF THE ESTATE OF JOHN KARIUKI GITONGA
RULING
Before me is an application by the proposed interested parties, Fredrick Wamwaki and Grace Waithira Wamwaki . they seek to be enjoined as the 1st and 2nd interests party in the cause.
They also seek to be granted leave to enjoin Ruth Wangari Maina, Jane Waithera Maina and Cyrus Mukunya Maina as interested parties.
The applicants claim that they bought land title no. Loc 2/Makomboki/141 from the beneficiaries, they seek to have enjoined to the matter. They claim to be innocent purchasers for value.
The application was opposed. The respondents argue that on the 18/12/13 the court issued orders restraining all transaction relating to the assets of the deceased which order was served on the administrators of the estate on the 9/1/14, yet the subject land was alleged to have been sold on the 31/1/14 in contravention of the court order.
Having considered the application and what has been averred this court notes that the applicants are purchasers of the subject land. They are not beneficiaries or creditors of the estate of deceased. They should sue the persons they transacted with. I therefore decline to grant the orders sought. The application dated the 30/9/14 is dismissed with no orders as to costs.
Dated, signed and delivered this 22nd day of DECEMBER 2016
R. E OUGO
JUDGE
In the presence of:
………………………………………………………………..……..for the Applicants
……………………………………………………………………For the Respondents
…………………………………For the 1st and 2nd proposed Interested Parties.
Ms. Charity Court clerk