[2013] KEHC 6569 (KLR)
The court determined that the issues raised by the respondent regarding the applicant's entitlement and involvement in the estate are contentious and cannot be resolved summarily. Therefore, the matter must proceed to a full trial, with both affidavit and oral evidence, to ensure all parties are heard and the issues...
Source-derived case information.
- Citation
- [2013] KEHC 6569 (KLR)
- Parties
- Applicant: Christopher Kibui Nderi Gathambo; Respondent: Caroline Njeri Nderi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2054 of 2003
- Procedural Posture
- Succession Cause / Directions on Confirmation of Grant; Pre Trial Directions
- Outcome
- Directions issued for pre-trial and hearing of the application for confirmation of grant; no final orders on confirmation made.
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Administration of Estate, Affidavit of Protest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Kibui Nderi Gathambo
Applicant
Caroline Njeri Nderi
Respondent
Procedural Posture
Succession Cause / Directions on Confirmation of Grant; Pre Trial Directions
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in light of the protest by Caroline Njeri Nderi.
- 2 Whether Christopher Kibui Nderi Gathambo qualifies as a beneficiary or administrator of the deceased's estate.
- 3 Whether the issues raised by the respondent require a full trial for determination.
Ratio Decidendi
The court determined that the issues raised by the respondent regarding the applicant's entitlement and involvement in the estate are contentious and cannot be resolved summarily. Therefore, the matter must proceed to a full trial, with both affidavit and oral evidence, to ensure all parties are heard and the issues are properly adjudicated before any confirmation of grant can be made. The court treated the respondent's affidavit as a formal protest and issued directions for the exchange of witness statements, filing of further affidavits, and scheduling of a hearing date.
Court Disposition
Directions issued for pre-trial and hearing of the application for confirmation of grant; no final orders on confirmation made.
Orders
- Parties to file and exchange witness statements and bundles of relevant documents within 21 days.
- Parties at liberty to file and serve further affidavits within 21 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 2054 OF 2003
IN THE MATTER OF THE ESTATE OF CATHERINE MWIHAKI MUNUHE - (DECEASED)
RULING/DIRECTIONS
The summons dated 8th June 2005 seeks several orders. Prayers 1 and and 2 have been spent following the appointment of Christopher Kibui Nderi Gathambo and Caroline Njeri Nderi on 6th May 2013 as administrators of the estate of the deceased. The only outstanding issue relates to prayer 3 on the confirmation of the grant.
The application dated 8th June 2003 has been opposed by the Caroline Njeri Nderi. Her affidavit was sworn on 8th March 2006. She raises a member of issues namely:-
(a) that her co-administrator was not married to the deceased;
(b) that he was never concerned nor involved in her life since her mother's demise, hence he did not provide at all for her upkeep, maintenance and education; and
(c) that she has been managing the estate – she collected the pension dues and collects rental income on the landed properties.
The matter has since became contentious and the issues raised by Caroline Njeri Nderi can only be determined in a full trial.
For the purpose of determining the issues arising, I will treat the affidavit sworn by Caroline Njeri Nderi as her affidavit of protest to the confirmation prayer set out in the application dated 8th July 2005. For the purpose of determining the issues raised there shall be a trial founded on affidavit and oral evidence;
To facilitate the hearing I hereby give the following directions:-
That the parties shall within 21 days file and exchange witness statements and bundles of all relevant documents that they propose to put in evidence.
That the parties are at liberty to file and serve further affidavits within 21 days; and
That a date for the hearing of the application dated 8th July 2005 shall be fixed in court at the delivery of this ruling/directions.
SIGNED DATEDandDELIVEREDin open court this 30thday of August, 2013.
W.M. MUSYOKA
JUDGE