[2019] KEHC 11564 (KLR)
The court found that the application dated 2nd March 2017 by the applicant had already been heard together with the respondent's application dated 31st July 2018, and a ruling had been delivered on 30th January 2019 dismissing the applicant's application. Therefore, there was no pending matter regarding the...
Source-derived case information.
- Citation
- [2019] KEHC 11564 (KLR)
- Parties
- Applicant: Mary Waithera Chege; Respondent: Evans Muthemba Chege
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 923 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Removal of Co Administrator
- Outcome
- Application dated 2nd March 2017 dismissed; no further orders.
- Judges
- AO Muchelule
- Legal Topics
- Administration of Estates, Removal of Administrator
- 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
Mary Waithera Chege
Applicant
Evans Muthemba Chege
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Removal of Co Administrator
Legal Issues
- 1 Whether the respondent Evans Muthemba Chege should be removed as co-administrator of the estate of Rachel Wambui Chege.
- 2 Whether the application dated 2nd March 2017 was still pending for determination.
Ratio Decidendi
The court found that the application dated 2nd March 2017 by the applicant had already been heard together with the respondent's application dated 31st July 2018, and a ruling had been delivered on 30th January 2019 dismissing the applicant's application. Therefore, there was no pending matter regarding the application dated 2nd March 2017, and the court declined to make any further orders on it.
Court Disposition
Application dated 2nd March 2017 dismissed; no further orders.
Orders
- There is nothing pending in regard to the application dated 2nd March 2017.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 923 OF 2012
IN THE MATTER OF THE ESTATE OF RACHEL WAMBUI CHEGE
MARY WAITHERA CHEGE....…..………………..… APPLICANT
VERSUS
EVANS MUTHEMBA CHEGE ……......................... RESPONDENT
RULING
1. On 19th June 2019, counsel being present, it was directed that the application dated 2nd March 2017 be heard through written submissions and that ruling be on 30th July, 2019.
2. The application was by the administrator Mary Waithera Chege (applicant) who wanted her co-administrator Evans Muthema Chege (respondent) to be removed as an administrator and that his place be taken by John Kibara Chege. There were other prayers.
3. I have perused this file and found that the application was on 8th October 2018 heard together with the application dated 31st July 2018 by the respondent, and a ruling was delivered on 30th January 2019. The application dated 2nd March 2017 was dismissed.
4. Consequently, there is nothing pending in regard to the application dated 2nd March 2017.
DATED and DELIVERED at NAIROBI this 23RD day of JULY, 2019.
A.O. MUCHELULE
JUDGE