[2016] KEHC 1522 (KLR)
The court found that the applicant, John Muriithi Mwaniki, provided a satisfactory explanation for the delay in seeking confirmation of the grant, attributing it to lack of knowledge on how to proceed after the death of the original petitioner. The court accepted that all beneficiaries were in agreement regarding...
Source-derived case information.
- Citation
- [2016] KEHC 1522 (KLR)
- Parties
- Applicant: John Muriithi Mwaniki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 51 of 2013
- Procedural Posture
- Succession Application / Ruling on Substitution of Petitioner
- Outcome
- application for substitution granted
- Legal Topics
- Grant Confirmation Delay, Substitution of Petitioner, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muriithi Mwaniki
Applicant
Procedural Posture
Succession Application / Ruling on Substitution of Petitioner
Legal Issues
- 1 Whether the applicant should be substituted as petitioner following the death of the original petitioner.
- 2 Whether the delay in seeking confirmation of the grant is satisfactorily explained.
Ratio Decidendi
The court found that the applicant, John Muriithi Mwaniki, provided a satisfactory explanation for the delay in seeking confirmation of the grant, attributing it to lack of knowledge on how to proceed after the death of the original petitioner. The court accepted that all beneficiaries were in agreement regarding the distribution of the estate. Consequently, the court granted the application for substitution, allowing the succession cause to proceed to conclusion with the applicant as the new petitioner.
Court Disposition
application for substitution granted
Orders
- The application for substitution of the deceased petitioner with John Muriithi Mwaniki is granted in terms of prayer 1 of the chamber summons dated 27th November 2015.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION NO. 51 OF 2013
IN THE MATTER OF MATHANJUKI MUTHANGATO (DECEASED)
JOHN MURIITHI MWANIKI ..........................................................APPLICANT
RULING
1. This is an application for substitution of the deceased, Kabau Mathanjuki with John Muriithi Mwaniki.
2. The application is supported by the grounds on the face of the chamber summons. The first ground is that the petitioner died on 29th August 2011. The second ground is that the substitution of the petitioner is necessary for the conclusion of this succession cause. The third one is that the applicant is a beneficiary of the estate of the deceased. According to the affidavit of the applicant the succession cause was filed in 1991 by the the deceased, Kabau Mathanjuki, who died in 2013. He further stated in that affidavit that after his death he did not know how to go about the succession cause. He has also stated that 20 years have lapsed since the filing of the succession cause.
3. Furthermore he has stated that the grant was issued on 19th July 1993. Finally he has stated that all the beneficiaries are in agreement as to the mode of distribution of the estate.
4. I find that there has been inordinate delay in applying for the confirmation of the grant. The explanation of the delay according to John Muriithi is that they did not know how to go about it, after death of Kabau Mathanjuki.
5. I accept the explanation of the applicant in respect of the delay. It is satisfactory bearing in mind that he is a lay man. In the circumstances I hereby grant the application of John Muriithi Mwaniki in terms of prayer 1 of the chamber summons dated 27th November 2015.
6. There will no order as to costs.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 23rd day of May 2016
In the presence of Ms. Ndorongo for the applicant .
Court clerk Njue
J.M. BWONWONGA
JUDGE
23/05/2016.