[2024] KEHC 13818 (KLR)
The court found that the purpose of the citation was to prompt the entitled parties (the Citees) to commence succession proceedings in respect of the estate of the deceased. Upon being cited, the Citees responded by filing a Petition for Probate of Written Will, thereby initiating the succession process. The court...
Source-derived case information.
- Citation
- [2024] KEHC 13818 (KLR)
- Parties
- Applicant: Nancy Mumbi Kamau; Respondent: Hannah Wanjiru Kamera; Respondent: Daniel Maina Kamera; Respondent: Catherine Wangari Kamera; Respondent: Mary Wangui Kamera; Respondent: Veronic Mumbi Kamera
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E456 of 2024
- Procedural Posture
- Succession Cause / Ruling on Citation and Commencement of Succession Proceedings
- Outcome
- Citation spent; succession proceedings by Citees to proceed.
- Judges
- H Namisi
- Legal Topics
- Probate and Administration, Citation Procedure, Validity of Wills, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Mumbi Kamau
Applicant
Hannah Wanjiru Kamera
Respondent
Daniel Maina Kamera
Respondent
Catherine Wangari Kamera
Respondent
Mary Wangui Kamera
Respondent
Veronic Mumbi Kamera
Respondent
Procedural Posture
Succession Cause / Ruling on Citation and Commencement of Succession Proceedings
Legal Issues
- 1 Whether the Citees refused to participate in the process of petitioning for grant of representation for the estate of the deceased.
- 2 Whether the discovery of a Will by the Deceased affects the citation proceedings.
- 3 Whether the succession proceedings commenced by the Citees should be allowed to proceed.
Ratio Decidendi
The court found that the purpose of the citation was to prompt the entitled parties (the Citees) to commence succession proceedings in respect of the estate of the deceased. Upon being cited, the Citees responded by filing a Petition for Probate of Written Will, thereby initiating the succession process. The court held that the citation had achieved its objective and was now spent. The succession proceedings commenced by the Citees, based on the alleged Will, should be allowed to proceed to their natural conclusion. The court directed that the Petitioners (Citees) serve the petition upon the Citor, ensuring all interested parties are notified and can participate in the proceedings. The...
Court Disposition
Citation spent; succession proceedings by Citees to proceed.
Orders
- The succession proceedings commenced by the Citees are allowed to proceed to their natural conclusion.
- The Petitioners (Citees) are directed to serve the Petition for Probate of Written Will upon the Citor.
Full Case Text
Judgment text and source record
32 paragraphs
In re Estate of Peter Kamera Nduni (Deceased) (Succession Cause E456 of 2024) [2024] KEHC 13818 (KLR) (Family) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13818 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E456 of 2024
H Namisi, J
November 7, 2024
Between
Nancy Mumbi Kamau
Citor
and
Hannah Wanjiru Kamera
1st Citee
Daniel Maina Kamera
2nd Citee
Catherine Wangari Kamera
3rd Citee
Mary Wangui Kamera
4th Citee
Veronic Mumbi Kamera
5th Citee
Ruling
1. By Citation dated 10 June 2024, the Citor cited Hannah Wanjiru Kamera, Dabiel Maina Kamera, Catherine Wangari Kamera, Mary Wangui Kamera Adn Veronica Mumbi Kamera to show cause why they should not petition for a grant of representation in respect of the estate of their late father, Peter Kamera Nduni. The Deceased died intestate on 22 January 2016, leaving behind several survivors, comprising of two houses. The first house has ten survivors, one of whom is the Citor. The second house comprises of the five citees named herein.
2. In the Affidavit in Verification of the Proposed Citation, the Citor averred that the beneficiaries of the second house have refused to give their consent to enable the other beneficiaries to take out Letters of Administration of the estate of the Deceased. She has attached a letter dated 15 January 2024 from the Chief, Kawangware Location, indicating the beneficiaries from the two houses. The letter further indicates that the two houses held a meeting on 12 January 2024 at the Deputy County Commissioner’s offices. However, the second house, which was represented by Mary Kamera, indicated their unwillingness to produce their national identity cards.
3. In response to the Citation, the Citees, represented by Daniel Maina Kamera, the 2nd Citee, filed a Replying Affidavit sworn on 15 July 2024. He averred that the second family did not refuse to present their details to the Chief, but rather that the Citor did not inform them that she intended to commence succession proceedings in respect of the estate of the Deceased. Further, he denied ever having been requested for such information by the Chief or to sign any documents in respect of succession proceedings.
4. At paragraph 10 of the Replying Affidavit, the 2nd Citee stated that they recently discovered a Will by the Deceased, which had been in the custody of his Advocate, and in which the Deceased appointed an Executrix.
5. The Citor filed a Further Affidavit dated 19 July 2024, challenging the validity of the Will on the basis that at the time that the Will was purportedly signed, the Deceased was indisposed and physically incapacitated.
6. Parties filed their written submissions in respect of the Citation.
7. I note that while the Citation was pending determination, the Citees quickly filed a Petition for Probate of Written Will dated 19 August 2024. Suffice it to say that the Citation has served its purpose. That is to say that as a result of the citation, the Citees have been moved to action and the commenced succession proceedings in respect of the estate of the Deceased.
8. In the premise, the succession proceedings commenced by the Citees will be allowed to proceed to its natural conclusion. The Petitioners (Citees) are directed to serve the said Petition upon the Citor.
DATED AND DELIVERED AT NAIROBI THIS 7 DAY OF NOVEMBER 2024. HELENE R. NAMISIJUDGE OF THE HIGH COURTDelivered on virtual platform in the presence of:Aluoch ............for the CitorBurugu h/b Macharia..... for the Citees