[2024] KEHC 9252 (KLR)
The court found that the application for leave to have Gatheru Gathemia & Company Advocates come on record for the applicant was unopposed and supported by evidence of the previous advocate's death and the appointment of an administrator for the former law firm. In the absence of any objection and in the interests...
Source-derived case information.
- Citation
- [2024] KEHC 9252 (KLR)
- Parties
- Applicant: Wangui Nampaso; Respondent: David Ole Nampaso; Respondent: John Ole Nampaso; Respondent: Verckys T Ole Nampaso; Respondent: James Sampoti Ole Nampaso; Respondent: John Ololchoki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1299 of 1992
- Procedural Posture
- Succession Cause / Ruling on Application for Change of Advocate
- Outcome
- Application allowed as prayed; no order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Succession Procedure, Change of Advocate, Representation of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wangui Nampaso
Applicant
David Ole Nampaso
Respondent
John Ole Nampaso
Respondent
Verckys T Ole Nampaso
Respondent
James Sampoti Ole Nampaso
Respondent
John Ololchoki
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Change of Advocate
Legal Issues
- 1 Whether leave should be granted for the firm of Gatheru Gathemia & Company Advocates to come on record for the applicant.
- 2 Whether costs should be awarded for the application.
Ratio Decidendi
The court found that the application for leave to have Gatheru Gathemia & Company Advocates come on record for the applicant was unopposed and supported by evidence of the previous advocate's death and the appointment of an administrator for the former law firm. In the absence of any objection and in the interests of justice, the court allowed the application as prayed, with no order as to costs.
Court Disposition
Application allowed as prayed; no order as to costs.
Orders
- Leave is granted to the firm of Gatheru Gathemia & Company Advocates to come on record for the applicant Wangui Nampaso.
- No order as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
In re Estate of Meshack Partasio Ole Nampaso (Deceased) (Succession Cause 1299 of 1992) [2024] KEHC 9252 (KLR) (Family) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9252 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1299 of 1992
HK Chemitei, J
July 18, 2024
IN THE MATTER OF THE ESTATE OF MESHACK PARTASIO OLE NAMPASO (DECEASED)
Between
Wangui Nampaso
Applicant
and
David Ole Nampaso
1st Administrator
John Ole Nampaso
2nd Administrator
Verckys T Ole Nampaso
3rd Administrator
James Sampoti Ole Nampaso
4th Administrator
and
John Ololchoki
Interested Party
Ruling
1. This ruling relates to the application dated 21st February, 2023 filed by the applicant, Wangui Nampaso; seeking for orders that:-(a)Spent.(b)Leave be granted to the firm of M/ S Gatheru Gathemia & Company Advocates to come on record on behalf of the applicant herein Wangui Nampaso.(c)The costs of the application be in the cause.(d)This honourable court do make any additional orders as the circumstances of this matter and the demands of justice might dictate.(e)The costs of this application be in the cause.
2. The application is supported by affidavits sworn by Agnes Wangui Nampaso and Patrick Mwangi Ndambiri. They aver that Mr. Dominic Kimata Advocate and proprietor of Kimatta & Co. Advocates who was in conduct of the matter died on 25th October, 2020. Gathu Magana Advocate was appointed to administer and oversee the affairs and the practice of the law firm of Kimatta & Co. Advocates during the process of winding including the settlement of Advocate/Client fees with respect to all the work that had handled.
3. The application is unopposed.
4. In view of the fact that the application is not opposed the same is hereby allowed as prayed but with no orders as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 18TH DAY OF JULY 2024. H K CHEMITEIJUDGE