[2019] KEHC 597 (KLR)
The court found that the applicant is not a beneficiary or survivor of the deceased's estate but may have a contractual claim against the estate, which is already the subject of proceedings in the Environment and Land Court (ELC Case No. 79 of 2019). The court held that pursuing similar remedies in two different...
Source-derived case information.
- Citation
- [2019] KEHC 597 (KLR)
- Parties
- Applicant: Scholastica Kimani; Respondent: John Ngeth’e Kiarie; Respondent: Eunice Wanjiku Kiarie
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 539 of 2016
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder as Interested Party
- Outcome
- application dismissed with directions
- Judges
- A Ali-Aroni
- Legal Topics
- Joinder of Parties, Succession Beneficiaries, Specific Performance, Contractual Liabilities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Scholastica Kimani
Applicant
John Ngeth’e Kiarie
Respondent
Eunice Wanjiku Kiarie
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether the applicant should be enjoined as an interested party in the succession proceedings.
- 2 Whether the applicant's claim is properly determined within the succession cause or in the Environment and Land Court.
- 3 Whether parallel proceedings on the same subject matter constitute an abuse of process.
Ratio Decidendi
The court found that the applicant is not a beneficiary or survivor of the deceased's estate but may have a contractual claim against the estate, which is already the subject of proceedings in the Environment and Land Court (ELC Case No. 79 of 2019). The court held that pursuing similar remedies in two different courts constitutes an abuse of process. Therefore, the application to be enjoined as an interested party in the succession cause was declined. However, the court directed that the portion of the estate claimed by the applicant should remain undistributed pending the outcome of the ELC case, ensuring that her claim is not prejudiced by the succession proceedings.
Court Disposition
application dismissed with directions
Orders
- The application to enjoin the applicant as an interested party is declined.
- The portion of the asset claimed by the applicant shall be left undistributed pending the outcome of ELC Case No. 79 of 2019.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 539 OF 2016
IN THE MATTER OF THE ESTATE OF KIARIE NG’ETHE (DECEASED)
SCHOLASTICA KIMANI………………......……………APPLICANT
VERSUS
JOHN NGETH’E KIARIE
EUNICE WANJIKU KIARIE……………………………OBJECTORS
R U L I N G
1. In an application dated 16th February 2019 and filed the same day the Applicant Scholastica Kimani sought to be enjoined in this matter as an interested party on grounds that she had entered into an agreement with the deceased widow/administratrix one Hannah Kanuthu Kiarie (now also deceased) to purchase a portion of L.R. No. Dagoretti/Waithaka 737and had since made some payment, that it has come to her knowledge that she has not been included in the list of beneficiaries.
2. The Respondents object to the application firstly because there exists an ELC Case No. 79 of 2019 between the same parties and touching on the same matter. Secondly, they contend that Applicant failed to comply with the term of the agreement between her and the deceased, and they are ready to refund the amounts the Applicant had paid.
3. Strictly speaking the Applicant is not a beneficiary or a survivor of the estate of the deceased, she could best be described as a liability to the estate.
4. The Applicant may have a genuine claim against his estate and she has sued the Administrators in the Land and Environmental Cause No. 79 of 2019 seeking inter alia for specific performance.
5. The Respondents who acknowledge the agreement claim breach of the same on the part of the Applicant.
6. The cause in the Land and Environment court will determine the issue of the contract between the applicant and the deceased and breach of the same as alleged. The said court is best suited to do so.
7. A claimant cannot seek similar remedies against same parties based on similar facts in two different courts. Such an action would be an abuse of process.
8. For the above reasons I decline to enjoin the Applicant to this suit with a rider that in confirming the grant the portion of the asset being claimed by the Applicant be left undistributed to await the outcome of the ELC case.
9. Each party to bear own costs.
Dated and Delivered in Nairobi on this5TH day of DECEMBER, 2019
ALI-ARONI
JUDGE