[2014] KEHC 7830 (KLR)
The court found that the applicant demonstrated sufficient connection and interest in the subject of the Originating Summons concerning the presumption of death of Kimani Gituanja. In the absence of opposition from the respondents, and based on the affidavit of service confirming proper notification, the court held...
Source-derived case information.
- Citation
- [2014] KEHC 7830 (KLR)
- Parties
- Applicant: Michael Mungai Kimani, Stephen Njuguna Kimani, Eliud Mbugua Kimani, John Chege Kimani, James Waititu Kimani, Dennis Muriithi Kimani and George Njoroge Kimani; Respondent: Kimani Gituanja (presumed deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder Application
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Presumption of Death, Joinder of Parties, Succession Proceedings
- 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
Michael Mungai Kimani, Stephen Njuguna Kimani, Eliud Mbugua Kimani, John Chege Kimani, James Waititu Kimani, Dennis Muriithi Kimani and George Njoroge Kimani
Applicant
Kimani Gituanja (presumed deceased)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Joinder Application
Legal Issues
- 1 Whether the applicant should be joined as an interested party to the Originating Summons regarding the presumption of death of Kimani Gituanja.
Ratio Decidendi
The court found that the applicant demonstrated sufficient connection and interest in the subject of the Originating Summons concerning the presumption of death of Kimani Gituanja. In the absence of opposition from the respondents, and based on the affidavit of service confirming proper notification, the court held that it was proper to enjoin the applicant as an interested party to ensure all persons with a legitimate stake in the proceedings are represented. The application for joinder was therefore allowed as prayed.
Court Disposition
application allowed
Orders
- The applicant is hereby enjoined as an interested party to the Originating Summons dated 13th February 2012.
- The Notice of Motion dated 17th December 2013 is allowed in terms proposed by the applicant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
FAMILY DIVISION
MISC. CAUSE NO. 23 OF 2010
IN THE MATTER OF AN APPLICATION BY MICHAEL MUNGAI KIMANI, STEPHEN NJUGUNA KIMANI, ELIUD MBUGUA KIMANI, JOHN CHEGE KIMANI, JAMES WAITITU KIMANI, DENNIS MURIITHI KIMANI AND GEORGE NJOROGE KIMANI
IN THE MATTER OF PRESUME OF THE DEATH OF KIMANI GITUANJA
RULING
1. The motion dated 17th December 2013 seeks the joinder of the applicant as interested party to the Originating Summons dated 13th February 2012.
2. The said Motion was served on the respondents on 10th March 2014. There is an affidavit of service on record sworn by one Johnstone Kioko Nzivu on 19th March 2014, which shows that a copy of the Motion was received at the offices of G.E.O. Oluoch, Advocate, on 10th March 2014, a signature was affixed and a stamp embossed on the reverse of the copy of the Motion to acknowledge receipt.
3. The respondents have not filed replies to the Motion. I shall therefore treat it as unopposed.
4. I have skimmed through the contents of the application. I am satisfied that the applicant is no doubt sufficiently connected to and interested in the subject of the Originating Summons dated 13th February 2012. It would be proper to enjoin her as an interested party in those proceedings.
5. Consequently, the application by way of the Notice of Motion dated 17th December 2013 is hereby allowed in the terms proposed by the applicant.
DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF April, 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Musingu advocate for the applicants.