[2022] KEHC 10645 (KLR)
The court confirmed that all parties had complied with previous directions regarding the filing of documents in both the objections and the contempt application. While contempt applications are typically prioritized, the court noted its heavy docket and the need to allocate time for the matter. The court considered...
Source-derived case information.
- Citation
- [2022] KEHC 10645 (KLR)
- Parties
- Applicant: Brenda Nyambura Kiragu; Respondent: Jane Alice Wambui Kiragu; Respondent: Silas Macharia Kariuki; Interested Party: Sarah Mukuhi Nginyo Kariuki; Interested Party: Scholastic Njeri Kariuki; Interested Party: Rose Wanjiru Kariuki; Interested Party: Margaret Wangari Nginyo Kariuki; Interested Party: James Anthony Kariuki; Interested Party: Alex Ndoria Karuri; Interested Party: Austine Wachira Karungo; Interested Party: Winfred Kariuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 336 of 2020
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for the disposal of the contempt application and objections; matter to be fixed for hearing.
- Judges
- HI Ong'udi
- Legal Topics
- Succession Proceedings, Contempt of Court, Case Management, Objection Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brenda Nyambura Kiragu
Applicant
Jane Alice Wambui Kiragu
Respondent
Silas Macharia Kariuki
Respondent
Sarah Mukuhi Nginyo Kariuki
Interested Party
Scholastic Njeri Kariuki
Interested Party
Rose Wanjiru Kariuki
Interested Party
Margaret Wangari Nginyo Kariuki
Interested Party
James Anthony Kariuki
Interested Party
Alex Ndoria Karuri
Interested Party
Austine Wachira Karungo
Interested Party
Winfred Kariuki
Interested Party
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether all parties have complied with previous court directions regarding filing of documents in the objections and contempt application.
- 2 How the application for contempt of court and the objections should be scheduled and disposed of procedurally.
- 3 Whether the directions of the Court of Appeal regarding expedition of the matter should influence the current scheduling.
Ratio Decidendi
The court confirmed that all parties had complied with previous directions regarding the filing of documents in both the objections and the contempt application. While contempt applications are typically prioritized, the court noted its heavy docket and the need to allocate time for the matter. The court considered the Court of Appeal's direction to expedite the hearing and determination of the issues related to the estate, so that any aggrieved party may appeal. Accordingly, the court issued directions: the contempt application is to be disposed of by written submissions, with timelines for filing and serving submissions by both sides; objections will be heard by viva voce evidence; and...
Court Disposition
Directions issued for the disposal of the contempt application and objections; matter to be fixed for hearing.
Orders
- The contempt of court application dated 11th April 2022 to be disposed of by way of written submissions.
- Applicants and those supporting the application to file and serve their submissions within ten days.
Full Case Text
Judgment text and source record
37 paragraphs
In re Estate of Lawrence Nginyo Kariuki (Deceased) (Succession Cause 336 of 2020) [2022] KEHC 10645 (KLR) (Family) (17 June 2022) (Directions)
Neutral citation: [2022] KEHC 10645 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 336 of 2020
HI Ong'udi, J
June 17, 2022
IN THE MATTER OF THE ESTATE OF LAWRENCE NGINYO KARIUKI (DECEASED)
Between
Brenda Nyambura Kiragu
Applicant
and
Jane Alice Wambui Kiragu
1st Respondent
Silas Macharia Kariuki
2nd Respondent
and
Sarah Mukuhi Nginyo Kariuki
Interested Party
Scholastic Njeri Kariuki
Interested Party
Rose Wanjiru Kariuki
Interested Party
Margaret Wangari Nginyo Kariuki
Interested Party
James Anthony Kariuki
Interested Party
Alex Ndoria Karuri
Interested Party
Austine Wachira Karungo
Interested Party
Winfred Kariuki
Interested Party
Directions
1. Upon hearing counsel and perusing the record it is now confirmed that all parties have complied with the directions and filing of documents in both the objections and the application for contempt of court. Ordinarily an application for contempt would be given priority, however considering that this court has a full tray and the matter is from another division I have to really create time for the same. I have had a chance to read the Ruling by the Court of Appeal Civil Application NONAI E273/2021 delivered on 4th January 2022 in respect of an application for stay of the orders issued by Mutuku J. The Court of Appeal urged this Court to expedite the hearing of this matter and make a determination on the issues related to the Estate, so that if any party is aggrieved he/she can file an appeal against the decision. Bearing in mind all the above I hereby issue the following directions:i.The contempt of Court application dated 11th April 2022 to be disposed of by way of written submissions.ii.The applicants and those who support the application to file and serve their submissions within ten (10) days.iii.Those opposed to the application to file and serve their submissions within ten (10) days upon service by the applicants.iv.The objections to be heard by way of viva voce evidence.v.At the close of the hearing of the objections counsel will be given time to make oral submissions and also highlight their submissions on the application for contempt.vi.Matter to be fixed for hearing.
DELIVERED VIRTUALLY, DATED AND SIGNED THIS 17TH DAY OF JUNE IN OPEN COURT AT MILIMANI NAIROBI.H. I. ONG’UDIJUDGE OF THE HIGH COURT