[2024] KEHC 10159 (KLR)
The court found that there was no evidence of service of the mention date on the parties, and no party appeared for the mention. Upon reviewing the record, the court established that the summons application dated 13th February, 2024 had already been rendered spent by orders issued on 12th March, 2024. Consequently,...
Source-derived case information.
- Citation
- [2024] KEHC 10159 (KLR)
- Parties
- Applicant: Stephanie Njoki Mwaura; Applicant: Tatua Caroline Wanjiru; Applicant: Christopher Njoroge Rohio; Applicant: Charles Njoroge Mungai
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E015 of 2024
- Procedural Posture
- Succession Cause / Ruling on Mention for Directions; Application Spent
- Outcome
- Matter marked as closed; no further hearing required.
- Judges
- DO Chepkwony
- Legal Topics
- Succession Procedure, Estate Administration, Mention Hearing, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephanie Njoki Mwaura
Applicant
Tatua Caroline Wanjiru
Applicant
Christopher Njoroge Rohio
Applicant
Charles Njoroge Mungai
Applicant
Procedural Posture
Succession Cause / Ruling on Mention for Directions; Application Spent
Legal Issues
- 1 Whether there was proper service of the mention date to the parties.
- 2 Whether there remains any live application or issue for hearing in the succession cause.
Ratio Decidendi
The court found that there was no evidence of service of the mention date on the parties, and no party appeared for the mention. Upon reviewing the record, the court established that the summons application dated 13th February, 2024 had already been rendered spent by orders issued on 12th March, 2024. Consequently, there was no live issue or application remaining for hearing. The court therefore marked the matter as closed, as there was nothing further to be determined in the succession cause at this stage.
Court Disposition
Matter marked as closed; no further hearing required.
Orders
- The matter is hereby marked as closed.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Nancy Wanjiru Mwaura (Deceased) (Succession Cause E015 of 2024) [2024] KEHC 10159 (KLR) (25 June 2024) (Ruling)
Neutral citation: [2024] KEHC 10159 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause E015 of 2024
DO Chepkwony, J
June 25, 2024
IN THE MATTER OF THE ESTATE OF NANCY WANJIRU MWAURA
In the matter of
Stephanie Njoki Mwaura
1st Applicant
Tatua Caroline Wanjiru
2nd Applicant
Christopher Njoroge Rohio
3rd Applicant
Charles Njoroge Mungai
4th Applicant
Ruling
1. This matter is for mention for parties to take directions on the summons application dated 6th March, 2024 which was meant to be heard on 5th March, 2024.
2. However, on the alleged date, there was no appearance by either party and the matter was then fixed for mention today.
3. It will be noted that there is still no appearance by either party today. I have perused the record and established that there is no evidence of service of this mention date.
4. However, a further perusal and reading of the application, Supporting Affidavit and the orders given on 12th March, 2024, it is clear that by the said orders issued, the summons application dated 13th February, 2024 is spent and there is nothing to be set down for hearing.
5. In view of this, the matter is hereby marked as closed.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 25TH DAY OF JUNE, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for either partyCourt Assistant – Sanja/Kinyua