[2022] KEHC 12424 (KLR)
The court declined to grant the orders sought by the applicant on the basis that there is already a pending case in the Kiambu High Court (Succession Cause No. E108 of 2021) dealing with the same properties and issues. The judge emphasized that it is inappropriate for two courts of equal jurisdiction to entertain...
Source-derived case information.
- Citation
- [2022] KEHC 12424 (KLR)
- Parties
- Applicant: Mary Mukami Gatheru; Respondent: George Gatheru Mbugua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3380 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application Alleging Intermeddling With Estate Property
- Outcome
- Application dismissed; no order as to costs.
- Judges
- AO Muchelule
- Legal Topics
- Intestate Succession, Administration of Estates, Intermeddling With Estate, Confirmation of Grant
- 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 Mukami Gatheru
Applicant
George Gatheru Mbugua
Respondent
Procedural Posture
Succession Cause / Ruling on Application Alleging Intermeddling With Estate Property
Legal Issues
- 1 Whether the respondent is intermeddling with and wasting the deceased's estate, particularly the mother's house in Githunguri.
- 2 Whether the High Court at Nairobi should grant the orders sought by the applicant given the existence of parallel proceedings in Kiambu regarding the same estate properties.
Ratio Decidendi
The court declined to grant the orders sought by the applicant on the basis that there is already a pending case in the Kiambu High Court (Succession Cause No. E108 of 2021) dealing with the same properties and issues. The judge emphasized that it is inappropriate for two courts of equal jurisdiction to entertain litigation over the same estate. The parties were directed to resolve the issues in the Kiambu case, and the court made no order as to costs. The responsibility for implementing the certificate of confirmation lies with all administrators, including the applicant.
Court Disposition
Application dismissed; no order as to costs.
Orders
- The application dated 21st December 2021 is declined.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Samuel Mbugua Gatheru (Deceased) (Succession Cause 3380 of 2014) [2022] KEHC 12424 (KLR) (Family) (27 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12424 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 3380 of 2014
AO Muchelule, J
July 27, 2022
IN THE MATTER OF THE ESTATE OF SAMUEL MBUGUA GATHERU (DECEASED)
Between
Mary Mukami Gatheru
Applicant
and
George Gatheru Mbugua
Respondent
Ruling
1. The bigger issue in this family is that the deceased Samwel Mbugua Gatheru died intestate on 20th January 2006 and his estate has been distributed to his children in this cause, but there is HC Succession Cause No. E108 of 2021 at Kiambu wherein one of the children George Gatheru Mbugua (the respondent herein) has petitioned for the grant of probate saying that their mother Margaret Njeri Mbugua (the deceased’s widow) who died on 12th April 2021 had left a Will in which she had bequeathed the same property that are the subject of the certificate of confirmation herein. The applicant Mary Mukami Gatheru (sister to the respondent) and her other siblings have objected to the petition and the dispute has not been resolved.
2. In the present application dated 21st December 2021 the applicant is complaining that the respondent is intermeddling with and wasting the deceased’s estate, in particular their mother’s house in Githunguri.
3. It is not clear why, given that the estate was distributed and a certificate of confirmation issued, the estate has not been shared. The implementation of the certificate of confirmation is the responsibility of all the administrators, the applicant included.
4. Given that there is the Kiambu case that is dealing with the same properties, I ask the parties to move with speed and deal with the issues in that case. It is not right that over the same estate there is litigation going on in two courts of equal jurisdiction.
5. I decline to grant the orders sought and make no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 27TH DAY OF JULY 2022A.O. MUCHELULEJUDGE