[2022] KEHC 10989 (KLR)
The court held that it was functus officio regarding the applications by John Thairu Njuguna because the grant of probate had been confirmed in 2000 and the issues raised had already been determined, including through a prior ruling ordering his eviction. The court found that the applications dated October 29, 2020...
Source-derived case information.
- Citation
- [2022] KEHC 10989 (KLR)
- Parties
- Applicant: John Thairu Njuguna; Respondent: Beatrice Ngendo Karanja
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 101 of 2017
- Procedural Posture
- Succession Cause / Ruling on Applications to Invalidate Will and Restrain Eviction
- Outcome
- Applications dismissed; preliminary objection upheld; further applications barred without leave.
- Judges
- MM Kasango
- Legal Topics
- Probate and Administration, Validity of Wills, Functus Officio, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Thairu Njuguna
Applicant
Beatrice Ngendo Karanja
Respondent
Procedural Posture
Succession Cause / Ruling on Applications to Invalidate Will and Restrain Eviction
Legal Issues
- 1 Whether the deceased left a valid written will.
- 2 Whether the High Court is functus officio regarding the application to invalidate the will and restrain eviction.
- 3 Whether further applications by John Thairu Njuguna should be allowed without leave of court.
Ratio Decidendi
The court held that it was functus officio regarding the applications by John Thairu Njuguna because the grant of probate had been confirmed in 2000 and the issues raised had already been determined, including through a prior ruling ordering his eviction. The court found that the applications dated October 29, 2020 and January 22, 2021 were incompetent, as the matters had been conclusively adjudicated and were now subject to appeal. The preliminary objection was upheld, and the court further barred John Thairu Njuguna from filing further applications in the matter without leave of court, to prevent abuse of process and ensure finality in litigation.
Court Disposition
Applications dismissed; preliminary objection upheld; further applications barred without leave.
Orders
- Applications dated October 29, 2020 and January 22, 2021 are dismissed with costs.
- The preliminary objection dated June 14, 2021 is upheld with costs.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Njuguna Mwathi (Deceased) (Succession Cause 101 of 2017) [2022] KEHC 10989 (KLR) (23 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10989 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause 101 of 2017
MM Kasango, J
June 23, 2022
Ruling
1. The grant of probate of deceased’s will was granted on March 23, 2000. It was confirmed on October 24, 2000. It is in that background John Thairu Njuguna (John) filed the application dated October 29, 2020. John seeks the finding by this court that the deceased did not leave a valid written Will; that the Directorate of criminal Investigation (DCI) do present to court a report of their investigation; and the Law Society of Kenya be ordered to produce the practising details of L.K. Gitao Advocate.
2. Since the inception of this succession cause, John and his siblings have filed various objections to this succession cause and I have no reason to regurgitate the background of those objections. The Ruling of Justice C. Meoli dated March 28, 2019 sufficiently does elucidate on the same.
3. Suffice for the matter before me to state that the application dated October 29, 2020 filed by John is incompetent. It seek orders be made when the grant of probate was confirmed in the year 2000. Justice C. Meoli through the Ruling dated March 28, 2019 ordered the eviction of John from one of the properties of the estate to enable the executrix distribute the estate as per the deceased’s Will. The learned Judge stated in granting orders for eviction of John that he, John had not legal basis to continue occupying the subject property. That Ruling of Justice C. Meoli is subject of a pending appeal. John’s application before the Court of Appeal to stay execution of the eviction order was dismissed. The respondent and executrix Beatrice Ngendo Karanja was correct to state in her preliminary objection that this court is functus officio to consider the application dated October 29, 2020.
4. John had also filed an application dated January 22, 2021 seeking restraining orders to stop his eviction pending the hearing of his application dated October 29, 2020. Having found that the application dated October 29, 2020 is incompetent, the same fate will befall the application dated January 22, 2021.
Disposition 5. Applications dated October 29, 2020 and January 22, 2021 are dismissed with costs. The preliminary objection dated June 14, 2021 is upheld with costs.
6. No further applications shall be filed by John Thairu or on his behalf in this matter without leave of this court.
7. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 23RD DAY OF JUNE, 2022. MARY KASANGOJUDGECoram:Court Assistant : MouriceFor John Thairu Njuguna: - Present in personFor Beatrice Ngendo Karanja :- Mr. N. KaranjaRULING delivered virtually.**MARY KASANGOJUDGE