[2024] KEHC 6603 (KLR)
The court found that the estate of Kiraguri Ruhehera was fully distributed by a final judgment in 2007, and all the original beneficiaries are now deceased. The applicant, not being an administrator or beneficiary, lacks legal standing to bring further applications regarding the estate. The repeated and overlapping...
Source-derived case information.
- Citation
- [2024] KEHC 6603 (KLR)
- Parties
- Applicant: Symon Ndiritu Rukwaro; Respondent: Kariuki Kiraguri; Respondent: Ngari Kiraguri; Respondent: Waweru Kiraguri
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 205 of 2003
- Procedural Posture
- Succession Cause / Ruling on Multiple Applications for Revocation of Grant and Related Reliefs
- Outcome
- Application struck out in limine; applicant barred from further filings except notice of appeal; costs awarded to respondent's advocates.
- Judges
- DKN Magare
- Legal Topics
- Succession, Revocation of Grant, Administration of Estates, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Symon Ndiritu Rukwaro
Applicant
Kariuki Kiraguri
Respondent
Ngari Kiraguri
Respondent
Waweru Kiraguri
Respondent
Procedural Posture
Succession Cause / Ruling on Multiple Applications for Revocation of Grant and Related Reliefs
Legal Issues
- 1 Whether the repeated applications for revocation of grant and related reliefs are maintainable after the estate has been distributed and all beneficiaries are deceased.
- 2 Whether the applicant, not being an administrator or beneficiary, has locus standi to seek orders regarding the estate.
- 3 Whether the continued filing of applications amounts to abuse of court process and warrants barring further filings.
Ratio Decidendi
The court found that the estate of Kiraguri Ruhehera was fully distributed by a final judgment in 2007, and all the original beneficiaries are now deceased. The applicant, not being an administrator or beneficiary, lacks legal standing to bring further applications regarding the estate. The repeated and overlapping applications filed by the applicant, including for revocation of grant and injunctions, constitute an abuse of the court process. The court emphasized the need for finality in litigation and held that there must be an end to the matter. Consequently, the court struck out the latest application in limine, barred the applicant from filing any further documents in the file except...
Court Disposition
Application struck out in limine; applicant barred from further filings except notice of appeal; costs awarded to respondent's advocates.
Orders
- The application filed by Symon Ndiritu Rukwaro is struck out in limine.
- The applicant shall pay Kshs.75,000 to Magee Law LLP within 30 days as costs for defending several vexatious applications, failing which execution shall issue.
Full Case Text
Judgment text and source record
34 paragraphs
In re Estate of Kiraguri Ruhehera (Deceased) (Succession Cause 205 of 2003) [2024] KEHC 6603 (KLR) (5 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6603 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 205 of 2003
DKN Magare, J
June 5, 2024
In The Matter Of The Estate Of Kiraguri Ruhehera [Deceased]
Between
Symon Ndiritu Rukwaro
Applicant
and
Kariuki Kiraguri
1st Respondent
Ngari Kiraguri
2nd Respondent
Waweru Kiraguri
3rd Respondent
Ruling
1. The estate was concluded by way of judgment delivered on 12/11/2007 by Justice Mary Kasango and read by Justice M.S.A Makhandia J. as he then was.
2. The property Thegenge/Kianjogu/143 was given out to:a.Rukwaro s/o Ruheherab.Kariuki Kiraguric.Ngari Kiragurid.Stephen Waweru Kiraguri
3. The 4 persons are now deceased. The persons dueling are not parties.
4. The Applicant filed summons for revocation of grant. There also others filed by John Kariuki Muraguri on 10/4/2008. There was another summons for revocation of grant filed by Margaret Wanjiru Kiraguri. There was another filed on 24/9/2013 by the current Applicant. It related to cutting of trees.
5. The court issued an order for status quo for Land Parcel No. Thegenge/Kianjogu/143 on 29/10/2023. On 10/2/2014 the Applicant filed another application against Symon Mbutu Waweru for contempt.
6. On 30/6/2014 the court ordered for assessment of damages on 7/7/2014 and for reporting on 23/7/2014. The site visit found that 14 trees were pruned. No trees were felled. 11 plants of napper grass had been planted. The trees pruned belong to Symon Ndiritu and also the coffee plantation.
7. On 21/1/2018 the Applicant filed another application dated the same date against Symon Mbutu Waweru.
8. On 21/1/2019 another application was filed against Symon Mbutu Waweru.
9. On 21/2/2023 the Applicant sought that the court do register Land Parcel No. LR. Thegenge/Kianjogu/143 in trust for Rukwaro Ruhehera. He was not the administrator of that estate.
10. The Applicant did not tire. He again filed an application dated 27/7/2023. He filed a notice of withdrawal on 27/7/2023, the same day he filed the same. Subsequently he filed an application dated 12/4/2024 against Symon Mbutu Waweru seeking to stop him from cutting trees.
11. Before this could be heard he again filed an application dated 3/5/2024. It is indicated to be amended. Some of the applications have been dispensed with while others are pending. There has to be an end to this madness. The decision herein was not appealed against. Further all the beneficiaries are deceased. I therefore strike out in limine the application filed by the Applicant Simon Ndiritu Rukwaro.
12. I order that the Applicant pays to the advocates for Symon Mbutu Waweru a sum of Kshs.75,000/= being costs of defending several vexatious applications. The same shall be paid to Magee Law LLP within 30 days failing which execution shall issue.
13. The Applicant is hereby barred from filing any other document in this file, except a Notice of Appeal.
14. The file is closed.
DATED, SIGNED AND DELIVERED AT NYERI ON THIS 5TH DAY OF JUNE, 2024. KIZITO MAGAREJUDGEIn the presence of:-Applicant present in personAsiimwe for RespondentCourt Assistant - Jedidah