[2024] KEHC 11809 (KLR)
The court found that the basis for the application for stay of proceedings had been overtaken by events, as the related ELC appeal had been dismissed and the lower court matter declared res judicata and struck out. Since there were no longer any pending proceedings whose outcome would affect the succession cause,...
Source-derived case information.
- Citation
- [2024] KEHC 11809 (KLR)
- Parties
- Applicant: Charity Wanjiku; Applicant: Benjamin Maingi Karimi; Respondent: Serah Wambui Nderitu; Respondent: Ali Nderitu Njoroge; Respondent: Johnson Kiragu Wachira
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 307 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Stay of Proceedings
- Outcome
- application dismissed with costs to the respondent
- Judges
- M Muya
- Legal Topics
- Stay of Proceedings, Res Judicata, Costs Award, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charity Wanjiku
Applicant
Benjamin Maingi Karimi
Applicant
Serah Wambui Nderitu
Respondent
Ali Nderitu Njoroge
Respondent
Johnson Kiragu Wachira
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether proceedings in the succession cause should be stayed pending determination of related ELC cases.
- 2 Whether the doctrine of res judicata applies to bar further proceedings in the related ELC matters.
Ratio Decidendi
The court found that the basis for the application for stay of proceedings had been overtaken by events, as the related ELC appeal had been dismissed and the lower court matter declared res judicata and struck out. Since there were no longer any pending proceedings whose outcome would affect the succession cause, the application for stay lacked merit. The court therefore dismissed the application with costs to the respondents.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 22nd August, 2022 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
27 paragraphs
In re Estate of the Late Wachira Githinji (Deceased) (Succession Cause 307 of 2003) [2024] KEHC 11809 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 11809 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 307 of 2003
M Muya, J
June 6, 2024
IN THE MATTER OF THE ESTATE OF THE LATE WACHIRA GITHINJI (DECEASED)
Between
Charity Wanjiku
1st Applicant
Benjamin Maingi Karimi
2nd Applicant
and
Serah Wambui Nderitu
1st Respondent
Ali Nderitu njoroge
2nd Respondent
Johnson Kiragu Wachira
3rd Respondent
Ruling
1The summon general dated 22nd August, 2022 seeks the following reliefs:1. That proceedings in this case be stayed pending the hearing and determination of Nyeri CM ELC Case No. 42 of 2021 and Nyeri ELC Appeal No. 54 of 2021.
2I have perused the Respondents further affidavit dated 9th November, 2022. He depones that he is aware that Nyeri ELC Appeal No. 54 of 2021 was dismissed with costs against the applicants. Attached is the ruling.
3He also depones that the applicants being dissatisfied with the dismissal filed appeal against the same in Nyeri Court of Appeal Civil Appeal No. 80 of 2022.
4Nyeri CM ELC Cause No. 42 of 2021 was declared Res Judicata and the proceedings struck out by reason of the foregoing.
5I find that the application dated 22nd August, 2022 has no merit and it is dismissed with costs to the Respondent.
RULING READ AND DELIVERED IN OPEN COURT THIS 6TH JUNE, 2024. In the presence of:Mr. KagoJustus Kiragu Wachira………………………M. MUYAJUDGE