[2022] KEHC 1014 (KLR)
The court found that both citation causes concerned the estate of the same deceased person, Pius Kimani Mwaura, and involved the same parties. Consolidation would promote judicial efficiency, avoid the risk of conflicting decisions, and ensure expeditious disposal of the matters. No party would suffer prejudice by...
Source-derived case information.
- Citation
- [2022] KEHC 1014 (KLR)
- Parties
- Applicant: Jackson Miringu Kimani; Applicant: Nancy Wanjiru Kimani; Respondent: Johnson Mwaura Kimani; Respondent: Moses Kinyanjui Kimani; Respondent: Elizabeth Wanjiru Kimani; Respondent: Monicah Njoki Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E763 of 2020
- Procedural Posture
- Succession Cause / Ruling on Application for Consolidation of Citation Causes
- Outcome
- Application for consolidation allowed.
- Judges
- JV Juma
- Legal Topics
- Succession, Estate Administration, Consolidation of Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Miringu Kimani
Applicant
Nancy Wanjiru Kimani
Applicant
Johnson Mwaura Kimani
Respondent
Moses Kinyanjui Kimani
Respondent
Elizabeth Wanjiru Kimani
Respondent
Monicah Njoki Kimani
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Consolidation of Citation Causes
Legal Issues
- 1 Whether the two citation causes relating to the estate of Pius Kimani Mwaura should be consolidated and heard together.
- 2 Whether any party would suffer prejudice by the consolidation of the two files.
Ratio Decidendi
The court found that both citation causes concerned the estate of the same deceased person, Pius Kimani Mwaura, and involved the same parties. Consolidation would promote judicial efficiency, avoid the risk of conflicting decisions, and ensure expeditious disposal of the matters. No party would suffer prejudice by the consolidation. Accordingly, the application for consolidation was allowed, with the lead file designated as P & A 1486 of 2019. No order was made as to costs, given the family nature of the dispute.
Court Disposition
Application for consolidation allowed.
Orders
- The two files P & A E763 of 2021 and P & A 1486 of 2019 are consolidated.
- The lead file will be P & A 1486 of 2019.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. E763 OF 2020
IN THE MATTER OF THE ESTATE OF PIUS KIMANI MWAURA (DECEASED)
AND
IN THE MATTER OF THE PETITION FOR LETTERS OF ADMINISTRATION INTESTATE
JACKSON MIRINGU KIMANI..................................................1ST APPLICANT/OBJECTOR
NANCY WANJIRU KIMANI......................................................2ND APPLICANT/OBJECTOR
VERSUS
JOHNSON MWAURA KIMANI.........................................1ST RESPONDENT/PETITIONER
MOSES KINYANJUI KIMANI.........................................2ND RESPONDENT/PETITIONER
ELIZABETH WANJIRU KIMANI...........................................RESPONDENT/PETITIONER
MONICAH NJOKI KIMANI.....................................................RESPONDENT/PETITIONER
RULING
1. Before this Court for determination is the Notice of Motion dated 24th August 2021by which the Applicants sought the following orders:-
“1. THAT this Honourable court be pleased to order theconsolidation of the following citation causes.
(a) HCFP & A No. E1486 OF 2019
(b) HCFP & A No. E763 OF 2021
2. SPENT
3. THAT both citation causes be heard and determined together.
4. THAT the costs of this application be provided for”.
2. The Application was premised upon Sections 1A,2B 3A of the Civil Procedure Act 2010, and Order II Rule 3 (j) (h)and Order 51 of the Civil Procedure Rules and Rule 73 of the Probate and Administration Rules and all enabling provisions of the Law and was supported by the Affidavit of even date sworn by MONICA NJOKI KIMANI the 4th petitioner.
3. The Objectors JACKSON MIRINGU KIMANI and NANCY WANJIRU KIMANI filed a Replying Affidavit dated 1st October 2021. The Application was canvassed by way of written submissions.
4. I have considered the application dated 24th August 2021. The application basically seeks for the consolidation of the citation filed in HCFP&A No. 1486 of 2019 with the citation filed JCFP&A No E763 of 2021.
5. In their Replying Affidavit dated 1st October 2021,the Objectors indicated that they did not oppose the application for consolidation of the two matters. Counsel for the objectors also indicated to the court that there was no objection to the application for consolidation.
6. The two matters relate to the estate of the same Deceased person namely PIUS KIMANI MWAURA and the objectors are two of the children of the Deceased who filed citation against the other children of the Deceased.
7. The Objectors in their Replying Affidavit indicate that the two citations had been overtaken by events as one of the citee’s Mr Joseph Karanja Njoroge has passed away. The Objectors however oppose the consolidation of the Applicaiton dated 27th January 2021in Cause No. 1486 of 2019 with citation Cause No E763 of 2020.
8. Given that these two matters involve a dispute over the estate of the same Deceased person and given that the parties involved in the two matters are the same, it is my view that consolidation would be the way to go in order to save on courts time, to avoid the risk of conflicting decisions and to ensure expeditious disposal. No party stands to suffer any prejudice by the consolidation of the two files.
9. Accordingly, I allow the application dated 24th August 2021. I direct that the two Files P & A E763 OF 2021 be consolidated. The lead file will be File No P & A 1486 OF 2019. This being a family matter I make no orders on costs.
DATED IN NAIROBI THIS 25TH DAY OF MARCH 2022.
........................................
MAUREEN A. ODERO
JUDGE