[2010] KEHC 2860 (KLR)
The court found that the respondent, as an administrator, had failed to cooperate in progressing the confirmation of the grant and had not filed any response or appeared at the hearing. In the absence of opposition and given the merits of the application, the court allowed the summons dated 1st December 2009 and...
Source-derived case information.
- Citation
- [2010] KEHC 2860 (KLR)
- Parties
- Applicant: Mercy Wangari Wanjira; Respondent: Richard Thithi Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 99 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- application allowed
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Wangari Wanjira
Applicant
Richard Thithi Mwangi
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the applicant is entitled to the orders sought in the summons dated 1st December 2009 for confirmation of grant.
- 2 Whether the respondent's failure to cooperate or respond justifies granting the application.
Ratio Decidendi
The court found that the respondent, as an administrator, had failed to cooperate in progressing the confirmation of the grant and had not filed any response or appeared at the hearing. In the absence of opposition and given the merits of the application, the court allowed the summons dated 1st December 2009 and granted the orders sought therein, specifically prayer 2.
Court Disposition
application allowed
Orders
- Summons dated 1st December 2009 allowed; prayer 2 granted.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 99 of 2008
IN THE MATTER OF THE ESTATE OF THE LATE PAUL WANDAKAMWANGI
MERCY WANGARI WANJIRA....................................................APPLICANT
V E R S U S
RICHARD THITHI MWANGI...................................................RESPONDENT
R U L I N G
I have considered the application dated 1st December, 2009, as well as documents filed, and the submissions of counsel for the applicant. The respondent RICHARD THUTHI MWANGI neither filed a response to the application, nor did he appear on the hearing date. He is said (as an administrator) to be very difficult in progressing the letters of administration granted herein towards confirmation. In the circumstances, I am of the view that the application is merited.
I therefore allow the summons dated 1st December 2009 and grant prayer 2 therein. Costs will be in the cause.
Dated and delivered at Nairobi this 3rd day of March, 2010.
George Dulu
Judge.