[2016] KEHC 4837 (KLR)
The court found that the only connection between HCSC No. 3157 of 2007 and the instant cause is that the former relates to the estate of a son of the deceased in the present matter. There was no substantive bearing of HCSC No. 3157 of 2007 on the issues to be determined in the pending applications regarding the...
Source-derived case information.
- Citation
- [2016] KEHC 4837 (KLR)
- Parties
- Respondent: Public Trustee; Applicant: Some beneficiaries (represented by Mr. Chege); Respondent: Some beneficiaries (represented by Mr. Gikonyo)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 504 of 1987
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Consolidation and Relevance of Related File Prior to Determination of Applications for Appointment of Administrators
- Outcome
- The court declined to consolidate or consider HCSC No. 3157 of 2007 and directed that the ruling on the pending applications would proceed as scheduled.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Appointment of Administrators, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Trustee
Respondent
Some beneficiaries (represented by Mr. Chege)
Applicant
Some beneficiaries (represented by Mr. Gikonyo)
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Consolidation and Relevance of Related File Prior to Determination of Applications for Appointment of Administrators
Legal Issues
- 1 Whether the file in HCSC No. 3157 of 2007 is relevant to the determination of the pending applications for appointment of administrators in the instant cause.
- 2 Whether the court should consolidate or consider HCSC No. 3157 of 2007 before ruling on the pending applications.
Ratio Decidendi
The court found that the only connection between HCSC No. 3157 of 2007 and the instant cause is that the former relates to the estate of a son of the deceased in the present matter. There was no substantive bearing of HCSC No. 3157 of 2007 on the issues to be determined in the pending applications regarding the appointment of administrators. Therefore, the court declined to consolidate or consider HCSC No. 3157 of 2007 in the determination of the applications and resolved to proceed to rule on the pending applications as originally scheduled.
Court Disposition
The court declined to consolidate or consider HCSC No. 3157 of 2007 and directed that the ruling on the pending applications would proceed as scheduled.
Orders
- The ruling on the pending applications shall be delivered on 13th May 2016.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 504 OF 1987
IN THE MATTER OF THE ESTATE OF KAHUGI GITURO (DECEASED)
RULING
1. The parties herein have been fielding over a period of time over appointment of administrators. It was towards that end that I directed that several applications that were pending: dated 22nd October 2014, 22nd January 2015 and 21st February 2015, be disposed of simultaneously. It was in the course of the determination of the applications above that I was to deal with the matter of the appointment of administrators.
2. I directed that the said applications be disposed of by way of written submissions. All the parties put in their written submissions, and I reserved the matter for ruling on 29th January 2016.
3. Before I could deliver the ruling on the said applications, Mr. Chege for some of the beneficiaries, approached the court and urged that before the court rules on the said applications, the court file in HCSC No. 3157 of 2007 be pulled out and put together with the instant file, arguing that the said cause was relevant to the matters at hand. HCSC No. 3157 of 2007 relates to the estate of a son of the deceased in the instant case.
4. I ordered that the said file be availed and that the matter be mentioned in the presence of all the parties to the dispute. The matter was mentioned on 15th March 2016 for that purpose, whereat Mrs. Nderitu, for the Public Trustee, and Mr. Gikonyo, for some beneficiaries, took the position that HCSC No. 3157 of 2007 was not relevant to the determination of the applications dated 22nd October 2014, 22nd January 2015 and 21st February 2015, and urged me to proceed and deliver my ruling on the pending issues. I then directed that I would study the two court files and give my directions.
5. I have had time to study both files. I have noted that the only connection between the two is that HCSC No. 3157 of 2007 relates to the estate of a son of the deceased in the instant cause. I do not see how the former cause has a bearing on the matters to be determined in the pending applications.
6. I will proceed to rule on the pending applications. The ruling shall be delivered on 13th May 2016.
DATED, SIGNED and DELIVERED at NAIROBI this 23RD DAY OF MARCH, 2016.
W MUSYOKA
JUDGE