[2022] KEHC 11564 (KLR)
The court found that Bushirika Primary School had demonstrated a sufficient interest in the estate by virtue of its alleged purchase of an estate asset. Accordingly, the court exercised its discretion to allow the applicant to be joined as an interested party in the ongoing succession proceedings. However, the court...
Source-derived case information.
- Citation
- [2022] KEHC 11564 (KLR)
- Parties
- Applicant: Bushirika Primary School; Respondent: Administrators of the Estate of Paul Kenneth Miheso; Respondent: Objector(s) to the Grant
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 90 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder and Stay of Proceedings
- Outcome
- Application for joinder allowed; application for stay of proceedings declined.
- Judges
- WM Musyoka
- Legal Topics
- Joinder of Parties, Succession Proceedings, Sale of Estate Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bushirika Primary School
Applicant
Administrators of the Estate of Paul Kenneth Miheso
Respondent
Objector(s) to the Grant
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Joinder and Stay of Proceedings
Legal Issues
- 1 Whether Bushirika Primary School should be joined as an interested party in the succession proceedings.
- 2 Whether the proceedings should be stayed to allow the applicant to file further papers.
Ratio Decidendi
The court found that Bushirika Primary School had demonstrated a sufficient interest in the estate by virtue of its alleged purchase of an estate asset. Accordingly, the court exercised its discretion to allow the applicant to be joined as an interested party in the ongoing succession proceedings. However, the court declined to stay the proceedings, holding that the applicant could file its response to the pending application for revocation of grant within 30 days, and that the other parties would have an opportunity to respond. The court further allowed for the recall of witnesses for cross-examination if necessary, ensuring that all parties would have a fair opportunity to present their...
Court Disposition
Application for joinder allowed; application for stay of proceedings declined.
Orders
- Bushirika Primary School is joined as an interested party in the application dated 21st January 2018.
- The applicant is granted 30 days to file and serve its response to the application dated 21st January 2018.
Full Case Text
Judgment text and source record
12 paragraphs
In re Estate of Paul Kenneth Miheso (Deceased) (Succession Cause 90 of 2002) [2022] KEHC 11564 (KLR) (22 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11564 (KLR)
Republic of Kenya
In the High Court at Vihiga
Succession Cause 90 of 2002
WM Musyoka, J
July 22, 2022
Ruling
1. The summons dated 15th February 2022 is up for hearing. It was filed on 15th February 2022, in the middle of oral hearing of a pending summons of revocation of grant, dated 21st January 2018, which commenced on 16th June 2021, and where 7 witnesses have testified.
2. The applicant is Bushirika Primary School, who seeks to be joined to the proceedings as interested party, having allegedly bought an asset of the estate, and, therefore, acquired a stake in the estate. The applicant seeks stay of proceedings to enable it file other papers. The application was opposed by the applicants in the application dated 21st January 2018 and was supported by the administrators.
3. I have looked at the record. It would appear that there was a transaction of sorts relating to sale of an asset of the estate to the applicant. I will say nothing about the legality or validity of the transaction, last I prejudice the position of either side. I am persuaded that joinder should be allowed, but I will not stay the proceedings. Let the applicant to the application dated 15th February 2022 file its response to the application dated 21st January 2018. I shall, therefore, allow the applicant in the application of 15th February 2022 to join the proceedings in the application of 21st January 2018 and to give evidence, stating its position. Should need arise, I shall allow recall of any of the witnesses who have so far testified for cross-examination. The applicant has 30 days to file and serve their response to the application dated 21st January 2018, and the other parties have liberty to file further affidavits, 14 days after they are served. The date for further hearing of the application dated 21st January 2018 shall be allocated at the delivery of this ruling.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 22ND DAY OF JULY 2022. W.M. MUSYOKAJUDGEMr. Erick Zalo, Court AssistantMr. Musiega, instructed by ABL Musiega & company, advocates for the applicantMr. Manyoni, instructed by Momanyi Manyonyi & company, Advocates for the administrator.Mr. Mutoka, instructed by Shivachi Mutoka & company, Advocates for the objector.