[2022] KEHC 14395 (KLR)
The court found that the interested parties, not being beneficiaries of the deceased's estate and having no claim against the estate, lack locus standi to be joined in the succession proceedings. The court emphasized that locus standi is a fundamental requirement for a party to be heard in court, and without it, the...
Source-derived case information.
- Citation
- [2022] KEHC 14395 (KLR)
- Parties
- Respondent: Evangeline Nkatha Mugambi; Administrator: Morris Mutembei Mugambi; Interested Party: Festus Muriungi Kinoti; Interested Party: Customer Self Service and General Contractors Company Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 361 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder of Interested Parties
- Outcome
- Application for joinder of interested parties dismissed for lack of locus standi.
- Judges
- TW Cherere
- Legal Topics
- Locus Standi, Joinder of Parties, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evangeline Nkatha Mugambi
Respondent
Morris Mutembei Mugambi
Administrator
Festus Muriungi Kinoti
Interested Party
Customer Self Service and General Contractors Company Limited
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the interested parties have locus standi to be joined in the succession proceedings.
- 2 Whether the interested parties are entitled to be joined as parties in the matter.
Ratio Decidendi
The court found that the interested parties, not being beneficiaries of the deceased's estate and having no claim against the estate, lack locus standi to be joined in the succession proceedings. The court emphasized that locus standi is a fundamental requirement for a party to be heard in court, and without it, the party cannot be allowed to participate in the proceedings. The application for joinder was therefore found to be without merit and was dismissed.
Court Disposition
Application for joinder of interested parties dismissed for lack of locus standi.
Orders
- The summons dated May 27, 2022 seeking to have the interested parties joined to this suit is disallowed.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Stanley Mugambi Muketha (Deceased) (Succession Cause 361 of 2009) [2022] KEHC 14395 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14395 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 361 of 2009
TW Cherere, J
October 27, 2022
IN THE MATTER OF ESTATE OF STANLEY MUGAMBI MUKETHA (DECEASED)
Between
Evangeline Nkatha Mugambi
Respondent
and
Morris Mutembei Mugambi
Administrator
and
Festus Muriungi Kinoti
Interested Party
Customer Self Service and General Contractors Company Limited
Interested Party
Ruling
1. I have considered the summons dated May 27, 2022 brought by the Interested Parties seeking to be joined to this suit as interested parties. The application is mainly based on the ground that LR Nkuene/Uruku/1716 that the respondent proposes to distribute to one Kennedy Muriithi Muthomi does not exist the same having been subdivided and some parcels thereof sold to the Interested Parties.
2. I have considered whether the interested parties has the locus standi to bring this application. Locus standi signifies a right to be heard, a person must have sufficiency of interest to sustain his standing to sue in a court of law. The interested parties are not beneficiaries of deceased’s estate and have no claim against deceased’s estate. In Kibera Blessed Academy v World Missionary Evangelism of Kenya Registered Trustees & 4 others (2016) eKLR it was held that:“If a party is found to have no locus standi, it means that he or she cannot be heard even on whether or not he has a case worth listening to.
3. From the foregoing, I find that the interested parties herein lack locus standi to institute and/or maintain the cause of action that they propose to prosecute.
4. Consequently, the summons dated May 27, 2022 seeking to have the interested parties joined to this suit is without merit and it is disallowed.
DELIVERED AT MERU THIS 27TH DAY OF October 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiFor Applicant - Mr.Kariuki for Mithega & AdvocatesFor Respondent - Mr. Muthuri for Muthuri & Co. AdvocatesFor Interested Parties - Mr. Muthomi for John Muthomi & Co. Advocates