[2022] KEHC 14405 (KLR)
The applicant withdrew her application for provision from the estate after the 1st respondent had already filed a response. The court held that, as the withdrawal came after the respondent's opposition, the applicant should bear the costs incurred by the respondent. The court did not address the merits of the...
Source-derived case information.
- Citation
- [2022] KEHC 14405 (KLR)
- Parties
- Applicant: Angela Amani Gachimbi; Respondent: Susan Gacheri Murugu; Respondent: Karin Muthoni Gachimbi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 37 of 2019
- Procedural Posture
- Succession Cause / Ruling on Withdrawal of Application for Provision
- Outcome
- Application withdrawn; costs to the 1st respondent to be borne by the applicant.
- Judges
- AO Muchelule
- Legal Topics
- Intestate Succession, Provision for Dependants, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angela Amani Gachimbi
Applicant
Susan Gacheri Murugu
Respondent
Karin Muthoni Gachimbi
Respondent
Procedural Posture
Succession Cause / Ruling on Withdrawal of Application for Provision
Legal Issues
- 1 Whether the applicant is entitled to provision from the deceased's estate for her university education expenses.
- 2 Whether costs should be awarded following the withdrawal of the application.
Ratio Decidendi
The applicant withdrew her application for provision from the estate after the 1st respondent had already filed a response. The court held that, as the withdrawal came after the respondent's opposition, the applicant should bear the costs incurred by the respondent. The court did not address the merits of the application for provision, as it was withdrawn before determination.
Court Disposition
Application withdrawn; costs to the 1st respondent to be borne by the applicant.
Orders
- The application dated 27th April 2022 is marked as withdrawn.
- The applicant shall bear the costs of the 1st respondent.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Louis Gachimbi Nderitu (Deceased) (Succession Cause 37 of 2019) [2022] KEHC 14405 (KLR) (Family) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14405 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 37 of 2019
AO Muchelule, J
October 26, 2022
N THE MATTER OF THE ESTATE OF LOUIS GACHIMBI NDERITU (DECEASED)
Between
Angela Amani Gachimbi
Applicant
and
Susan Gacheri Murugu
1st Respondent
Karin Muthoni Gachimbi
2nd Respondent
Ruling
1. The deceased Louis Gachimbi Nderitu died intestate on 19th January 2012, and left two families and an estate comprising LR No. 1275/1774; Aguthi/Mungaria/1066; Plot No. 228 Mwiki Company Ltd; and share certificate Nos 0171 and 11344.
2. A grant of letters of administration was issued to the 1st respondent Susan Gacheri Murugu and 2nd respondent Karin Muthoni Gachimbi (daughter of the deceased’s late second widow Cecilia Wangechi Mwathi).
3. The applicant Angela Muthoni Gachimbi from the second household made an application dated 27th April 2022 under section 26 of the Law of Succession Act (Cap. 160) seeking for provision of Kshs.516,000/= from the estate to cover her bachelor of medicine and bachelor of surgery degree studies at Jomo Kenyatta University of Agriculture and Technology. Susan Gacheri Murugu (the 1st respondent) opposed the application.
4. However, by notice dated 23rd August 2022 the applicant withdrew her application.
5. Since the withdrawal was after the response, I ask that the 1st respondent’s costs shall be borne by the applicant.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 26TH DAY OF OCTOBER 2022. A.O. MUCHELULEJUDGE