[2020] KEHC 8805 (KLR)
The court held that the appeal could not be determined in the absence of Peter Maina Munina, who was awarded property in the estate and was not joined or served with the proceedings. As any orders made could adversely affect his interests, the principles of natural justice and the right to be heard required that he...
Source-derived case information.
- Citation
- [2020] KEHC 8805 (KLR)
- Parties
- Appellant: Miriam Nyambura Mungai; Respondent: Wilson Njuguna Mungai; Respondent: Henry Ngugi Mungai; Respondent: Mary Njeri Maina
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 117 of 2016
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Joinder and Adjournment
- Outcome
- Appeal adjourned to enable joinder and service of necessary party.
- Judges
- DAS Majanja, JO Nyarangi
- Legal Topics
- Succession Proceedings, Joinder of Parties, Right to Be Heard, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Nyambura Mungai
Appellant
Wilson Njuguna Mungai
Respondent
Henry Ngugi Mungai
Respondent
Mary Njeri Maina
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Joinder and Adjournment
Legal Issues
- 1 Whether the appeal can proceed in the absence of Peter Maina Munina, a purchaser awarded property in the estate.
- 2 Whether the right to be heard of a non-party who may be affected by the appeal has been respected.
Ratio Decidendi
The court held that the appeal could not be determined in the absence of Peter Maina Munina, who was awarded property in the estate and was not joined or served with the proceedings. As any orders made could adversely affect his interests, the principles of natural justice and the right to be heard required that he be joined as a respondent and served with the court process. The court therefore adjourned the appeal to allow the appellant to take appropriate steps to join and serve Peter Maina Munina, ensuring that all interested parties are properly before the court before any substantive determination is made.
Court Disposition
Appeal adjourned to enable joinder and service of necessary party.
Orders
- The appeal is adjourned to enable the appellant to join Peter Maina Munina as a respondent and serve him with the court process.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE HIGH COURT OF KENYA AT KIAMBU
CORAM: D. S. MAJANJA J.
CIVIL APPEAL NO. 117 OF 2016
IN THE MATTER OF THE ESTATE OF
MUNGAI NJUGUNA ALIAS MUNGAI NJUGUNA MUCEMA (DECEASED)
BETWEEN
MIRIAM NYAMBURA MUNGAI .............................................................................APPELLANT
AND
WILSON NJUGUNA MUNGAI ........................................................................1ST RESPONDENT
HENRY NGUGI MUNGAI ...............................................................................2ND RESPONDENT
MARY NJERI MAINA .......................................................................................3RD RESPONDENT
(Being an appeal from the Judgment and Decree of Hon.J. W. Onchuru, SPM dated 11th March 2015 at the Thika Magistrates Court in Succession Cause No. 102 of 2010)
RULING
1. This appeal concerns the estate of Mungai Njuguna alias Mungai Njuguna Mucema of Kagunduini Location within Kiambu County, who died on 26th October 2000. This is an appeal against the ruling and order of the trial court allowing the summons for confirmation of the grant of letters of administration and distributing the estate of the deceased.
2. One of the issues in contention is a property; MAKUYU/KIMORORI/BLOCK 3/ 344 which was awarded to one Peter Maina Munina, a purchaser. He was not joined to this appeal nor served with the proceedings. He had a right to be heard on the appeal as the court may make orders adverse to him.
3. In the circumstances, the appeal cannot be determined unless the said PETER MAINA MUNINA is joined as a respondent and served with the court process. The appeal is therefore adjourned to enable the appellant to take appropriate steps.
4. Since this is a family matter there shall be no order as to costs.
SIGNED AT NAIROBI
D. S. MAJANJA
JUDGE
DATEDandDELIVEREDatKIAMBUthis29th day of JANUARY 2020.
J. N. ONYIEGO
JUDGE
Mr Ngigi instructed by Nganga Ngigi and Company Advocates for appellant.
Mr Ochwa instructed by Mohammed and Kinyanjui Company Advocates for the respondent.