[2024] KEHC 8526 (KLR)
The court determined that, in the interests of justice, the application seeking to reopen the case for the production of new material evidence should be heard and determined before the court delivers its ruling on the pending summons for revocation of grant. The court exercised its inherent powers under Rule 73 of...
Source-derived case information.
- Citation
- [2024] KEHC 8526 (KLR)
- Parties
- Applicant: Martin Mutwiri Njiema; Applicant: Benson Kinyua Mbaka; Respondent: Henry Gitonga Njiema; Respondent: Aniseta Kaburu
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 17 of 2018
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Interlocutory Application to Reopen Case for New Evidence
- Outcome
- Application for leave to reopen case for new evidence allowed; directions given for filing and mention.
- Judges
- LW Gitari
- Legal Topics
- Succession Proceedings, Revocation of Grant, Admission of Fresh Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mutwiri Njiema
Applicant
Benson Kinyua Mbaka
Applicant
Henry Gitonga Njiema
Respondent
Aniseta Kaburu
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Interlocutory Application to Reopen Case for New Evidence
Legal Issues
- 1 Whether the applicants should be granted leave to reopen the case to adduce new material evidence regarding the estate of the deceased.
- 2 Whether the interests of justice require the hearing of the new summons before the pending ruling on revocation of grant.
Ratio Decidendi
The court determined that, in the interests of justice, the application seeking to reopen the case for the production of new material evidence should be heard and determined before the court delivers its ruling on the pending summons for revocation of grant. The court exercised its inherent powers under Rule 73 of the Probate and Administration Rules, finding that the admission of potentially material evidence is necessary to ensure a just and conclusive determination of the succession dispute. The absence of opposition to the application further supported the decision to allow the process to proceed. The court directed that the response to the application be filed and served within seven...
Court Disposition
Application for leave to reopen case for new evidence allowed; directions given for filing and mention.
Orders
- Response to the application to be filed and served within seven days.
- Matter to be mentioned thereafter to confirm filing and for directions.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Njiema Muthirwa alias Njiema Muthirua (Deceased) (Miscellaneous Succession Cause 17 of 2018) [2024] KEHC 8526 (KLR) (4 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8526 (KLR)
Republic of Kenya
In the High Court at Chuka
Miscellaneous Succession Cause 17 of 2018
LW Gitari, J
July 4, 2024
Between
Martin Mutwiri Njiema
1st Applicant
Benson Kinyua Mbaka
2nd Applicant
and
Henry Gitonga Njiema
1st Administrator
Aniseta Kaburu
2nd Administrator
Ruling
1. This matter relates to the estate of Njiema Mwithirwa alias Njiema Mwithiru (deceased). The matter pending determination before this court is a summons for revocation and/or annulment of the grant issued to the respondents on 5/3/2020 on the ground that the grant was obtained fraudulently and procedurally (sic) as the proceedings to obtain the grant issued to the respondents on 5/3/2020 on the ground that the grant was obtained fraudulently and procedurally (sic) as the proceedings to obtain the grant were defective in substance.
2. The application was opposed by the respondents who are the administrators and filed a replying affidavit sworn by Henry Gitonga Njiema. The summons was heard by way of ‘viva voce’ evidence and was at the stage of the ruling.
3. On record is a summons dated 6/5/2024 which was filed under a certificate of urgency. The gist of the application is that the court grants leave to the applicants Martin Mutwiri Njiema and Benson Kinyua leave to re-open the case limited to the production of new material evidence being the limited Grant of Letter of administration for the estate of the late Lucyline Ciamati daughter of the deceased herein issued on 16/6/2024. No reply has been filed to this summons. When the matter came to confirm he filing of the submission, the Counsel for the applicants applied to have this summons heard before the court can give its final ruling in the pending application.
4. Although the court directed that it will give the ruling which was pending I find that it is in the interests of justice the later summons be heard first so that the court can hear determine the matter conclusively. Rule 73 of the Probate and Administration Rules provides that nothing in the rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent the abuse of court process. Since the application has been filed and it seeks to file additional evidence it is in the interest of justice that it be heard first before the ruling in the summons for revocation of grant is determined. For this reason I direct that the response to the application be filed and served within seven days. The mater shall then be mentioned to confirm filing and for directions.
DATED, SIGNED AND DELIVERED AT CHUKA THIS 4TH DAY OF JULY 2024. L.W. GITARIJUDGEMISC. SUCC. CAUSE NO. 17 OF 2018 Page 1