[2024] KEHC 7133 (KLR)
The court declined to grant the summons for review because the applicant failed to comply with the court's directive to file search certificates for the relevant land parcels. Without this evidence, the court could not ascertain whether the estate was still intact or whether the alleged double benefit would occur....
Source-derived case information.
- Citation
- [2024] KEHC 7133 (KLR)
- Parties
- Applicant: Jennifer Mwamwathi M’mwenda; Respondent: Sabina Kanathi Makutho
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 37 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Review
- Outcome
- Application for review declined.
- Judges
- TW Cherere
- Legal Topics
- Succession Review, Double Allocation, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jennifer Mwamwathi M’mwenda
Applicant
Sabina Kanathi Makutho
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Review
Legal Issues
- 1 Whether the judgment of Gikonyo J dated 07th May, 2020 should be reviewed to prevent Sabina Kanathi and Zipporah Karimi from benefiting twice from the deceased's estate.
- 2 Whether the applicant complied with the court's directive to file search certificates for the relevant land parcels to establish the status of the estate.
Ratio Decidendi
The court declined to grant the summons for review because the applicant failed to comply with the court's directive to file search certificates for the relevant land parcels. Without this evidence, the court could not ascertain whether the estate was still intact or whether the alleged double benefit would occur. The absence of the required documentation rendered the application for review incapable of being granted, and the court found no basis to disturb the earlier judgment or the confirmed grant.
Court Disposition
Application for review declined.
Orders
- Summons for review dated 13th March, 2023 is declined.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of M’mugwika Baitobi (Deceased) (Succession Cause 37 of 2015) [2024] KEHC 7133 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7133 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 37 of 2015
TW Cherere, J
June 13, 2024
IN THE MATTER OF THE ESTATE OF M’MUGWIKA BAITOBI (DECEASED)
Between
Jennifer Mwamwathi M’mwenda
Applicant
and
Sabina Kanathi Makutho
Respondent
Ruling
1. Summons dated 13th March, 2023 seeks to review Gikonyo J’s judgment dated 07th May, 2020 to the extent that Sabina Kanathi and Zipporah Karimi who are wife and daughter of Makutho M’Mugwika stand to benefit twice their husband and father Makutho M’Mugwika having also been allocated a share of deceased’s estate comprised in LR. Ithima/antuambui/3710 and LR. NO. Ithima/antuambui/502.
2. Grant of Letters of Administration in this matter was issued on 23rd June, 2020.
3. In order to satisfy myself that the estate of the deceased is still intact the grant having been confirmed 4 years ago, I directed on 16th May, 2024 that the Applicant files search certificates for LR. Ithima/antuambui/3710 And Lr. No. Ithima/antuambui/502.
4. As at the time of writing this ruling, the search certificates had not been filed.
5. In the light of these circumstances, the summons for review dated 13th March, 2023 is incapable of being granted and it is declined.
DELIVERED AT MERU THIS 13TH DAY OF JUNE 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Administrator/Applicant - Mr. Mose for Bebo & Mose AdvocatesFor Objector /Respondent - Mr. Nyamori for Igweta Muriithi & Co. Advocates