[2020] KEHC 9094 (KLR)

[2020] KEHC 9094 (KLR)

The court found that the consent order of 08/02/2016 and all consequential sales and orders regarding Nakuru Municipality Block 4/258 and 4/259 must be set aside due to serious representational and procedural defects. Not all beneficiaries were represented or notified, some consents were entered without proper...

Source-derived case information.

Citation
[2020] KEHC 9094 (KLR)
Parties
Applicant: Christine Wangari Gachege; Applicant: Elizabeth Wanjira Evans; Applicant: Peter Gachege Njogu; Applicant: Mary Wanjiku Gachigi; Respondent: Elizabeth Wambui Mburu; Respondent: Mary Nyambura Mburu; Respondent: Margaret Wanjiru Mburu; Respondent: Salome Njoki Mburu; Respondent: Anthony Gachigi; Respondent: Zainabu Wanjiru Gachigi; Respondent: Joseph Gachigi Zambetakis; Respondent: Jennifer Wanjiku Zambetakis; Respondent: John Irungu Zambetakis; Respondent: Lucy Muthoni; Respondent: Jane Nyambura; Respondent: Agnes Waitwika; Respondent: Mercy Wanjiru Mburu; Respondent: Oil Libya Kenya Limited; Respondent: Kiwaka General Merchants Ltd; Respondent: John Macharia Muturi t/a Jeddy Displays; Respondent: Thomas Kung’u t/a Anker Investments
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Succession Cause 96 of 2000
Procedural Posture
Succession Cause / Ruling on Consolidated Applications to Set Aside Consent Orders and Sales
Outcome
Applications allowed; consent order of 08/02/2016 and all consequential orders and sales set aside; parties returned to status quo ante; refund of purchase monies ordered.
Judges
EM Ngugi
Legal Topics
Administration of Estates, Consent Orders, Setting Aside Judgments, Sale of Estate Property, Beneficiary Rights, Procedural Fairness
Source Language
en
Family and Children Civil Procedure Land and Property Administration of Estates Consent Orders Setting Aside Judgments Sale of Estate Property Beneficiary Rights +1 more

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Parties

Christine Wangari Gachege

Applicant

Elizabeth Wanjira Evans

Applicant

Peter Gachege Njogu

Applicant

Mary Wanjiku Gachigi

Applicant

Elizabeth Wambui Mburu

Respondent

Mary Nyambura Mburu

Respondent

Margaret Wanjiru Mburu

Respondent

Salome Njoki Mburu

Respondent

Anthony Gachigi

Respondent

Zainabu Wanjiru Gachigi

Respondent

Joseph Gachigi Zambetakis

Respondent

Jennifer Wanjiku Zambetakis

Respondent

John Irungu Zambetakis

Respondent

Lucy Muthoni

Respondent

Jane Nyambura

Respondent

Agnes Waitwika

Respondent

Mercy Wanjiru Mburu

Respondent

Oil Libya Kenya Limited

Respondent

Kiwaka General Merchants Ltd

Respondent

John Macharia Muturi t/a Jeddy Displays

Respondent

Thomas Kung’u t/a Anker Investments

Respondent

Procedural Posture

Succession Cause / Ruling on Consolidated Applications to Set Aside Consent Orders and Sales

Legal Issues

  1. 1 Whether the six applications are barred by res judicata.
  2. 2 Whether the High Court exceeded its remit in supervising and ordering the sale of estate properties.
  3. 3 Whether there are sufficient grounds to set aside the consent order of 08/02/2016 and consequential sales.

Ratio Decidendi

The court found that the consent order of 08/02/2016 and all consequential sales and orders regarding Nakuru Municipality Block 4/258 and 4/259 must be set aside due to serious representational and procedural defects. Not all beneficiaries were represented or notified, some consents were entered without proper authority, and the bidding process was fundamentally flawed, including changes to bid opening dates and terms without notice to all bidders. The doctrine of res judicata did not apply as previous applications were not determined on their merits or were compromised by consents later set aside. The High Court had jurisdiction to supervise the winding up of the estate, including...

Court Disposition

Applications allowed; consent order of 08/02/2016 and all consequential orders and sales set aside; parties returned to status quo ante; refund of purchase monies ordered.

Orders

  • The Consent Order dated 08/02/2016 is hereby set aside.
  • All subsequent orders based on and arising from the Consent Order dated 08/02/2016 are set aside, including orders dated 18/04/2016, 17/05/2016, and 13/07/2016.