[2024] KEHC 6115 (KLR)
The court adopted the consent of the parties as an order, finding that all parties, through their respective counsel, agreed to withdraw the earlier summons and to allow the new summons with specific amendments to the mode of distribution. The amendments included substituting the name of the estate representative...
Source-derived case information.
- Citation
- [2024] KEHC 6115 (KLR)
- Parties
- Respondent: Estate of Margaret Esther Dames; Applicant: All 7 beneficiaries in the Estate of Mary Rose Wairimu Dames
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 85 of 2019
- Procedural Posture
- Succession Cause / Consent Order on Summons for Amendment of Distribution
- Outcome
- Consent adopted as order of the court; summons dated 18th October, 2023 withdrawn; summons dated 18th April, 2024 allowed in part; amendments to mode of distribution granted; each party to bear own costs.
- Judges
- DO Chepkwony
- Legal Topics
- Succession, Estate Distribution, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estate of Margaret Esther Dames
Respondent
All 7 beneficiaries in the Estate of Mary Rose Wairimu Dames
Applicant
Procedural Posture
Succession Cause / Consent Order on Summons for Amendment of Distribution
Legal Issues
- 1 Whether the summons dated 18th October, 2023 should be withdrawn without costs.
- 2 Whether the summons dated 18th April, 2024 should be allowed in terms of prayers 2 and 3.
- 3 Whether the consent to the mode of distribution should be amended to reflect the correct names of beneficiaries and advocates.
Ratio Decidendi
The court adopted the consent of the parties as an order, finding that all parties, through their respective counsel, agreed to withdraw the earlier summons and to allow the new summons with specific amendments to the mode of distribution. The amendments included substituting the name of the estate representative and correcting the advocate's name in the distribution schedule. The court found no reason to deny the consent, as it was lawful, did not prejudice any party, and was in the interests of justice and efficient administration of the estate. Each party was ordered to bear their own costs, reflecting the consensual nature of the resolution.
Court Disposition
Consent adopted as order of the court; summons dated 18th October, 2023 withdrawn; summons dated 18th April, 2024 allowed in part; amendments to mode of distribution granted; each party to bear own costs.
Orders
- Summons dated 18th October, 2023 is withdrawn with no orders as to costs.
- Summons dated 18th April, 2024 is allowed in terms of prayers 2 and 3.
Full Case Text
Judgment text and source record
11 paragraphs
In re Estate of Mary Rose Wairimu Dames alias Mary Wairimu Dames (Deceased) (Succession Cause 85 of 2019) [2024] KEHC 6115 (KLR) (30 April 2024) (Ruling)
Neutral citation: [2024] KEHC 6115 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause 85 of 2019
DO Chepkwony, J
April 30, 2024
Ruling
1. This matter is for mention for parties to take directions on the Summons dated 18th April, 2024.
2. Upon listening to both counsel for the parties herein the following Consent is hereby recorded and adopted as an order of this court in the following terms:-By consent of Mr. Ngugi Kariuki, counsel for all the beneficiaries and Mr. Gitau Mwara, counsel for the Estate of Margaret Esther Dames, it is hereby agreed that:-a.Summons dated 18th October, 2023 be and is hereby withdrawn with no orders as to costs.b.Summons dated 18th April, 2024 be and is hereby allowed in terms of prayers No.2 and 3. c.Prayer No.4 of the Summons dated 18th April, 2024 is hereby allowed so that Items No.2, 6 and 7 of Paragraph 11 (ii) of the Consent to the mode of distribution attached thereof be amended so that the name of Margaret Esther Dames is replaced with the names of Reist Kathy on behalf of the Estate of Margaret Esther Dames.d.The names of Grace Njeri Gichuhi & Co. AdvocateS at Item No.6 of the proposed distribution at Paragraph 11 (ii) be and is hereby amended to read Grace Njeri Gichuhi t/a Grace G. N. Gichuhi & Co. Advocates.e.Each party to bear their own costs of the application.
THIS CONSENT IS ADOPTED THIS 30TH DAY OF APRIL, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Gitau Mwara counsel for the Estate of Margaret Esther DamesMr. Ngugi Kariuki counsel for all 7 beneficiaries in the EstateCourt Assistant - Martin