[2013] KEHC 6563 (KLR)
The court held that it cannot proceed to give further directions regarding the distribution of the deceased's estate until the previous order requiring the filing of the survey report is complied with. Compliance with court orders is a prerequisite for further judicial action, and the failure to file the survey...
Source-derived case information.
- Citation
- [2013] KEHC 6563 (KLR)
- Parties
- Applicant: Jane Nyambura; Respondent: Kairu Mbuthia & Kiingati Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 327 of 2002
- Procedural Posture
- Succession Cause / Directions on Compliance With Previous Court Order Regarding Survey Report
- Outcome
- adjourned for compliance with court order
- Judges
- DN Musyoka
- Legal Topics
- Succession Estate Distribution, Compliance With Court Orders, Survey Reports in Estate, Division of Land
- 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
Jane Nyambura
Applicant
Kairu Mbuthia & Kiingati Advocates
Respondent
Procedural Posture
Succession Cause / Directions on Compliance With Previous Court Order Regarding Survey Report
Legal Issues
- 1 Whether the parties have complied with the court order to file the survey report regarding the division of the deceased's estate.
- 2 Whether the court can proceed to give further directions in the absence of the survey report.
Ratio Decidendi
The court held that it cannot proceed to give further directions regarding the distribution of the deceased's estate until the previous order requiring the filing of the survey report is complied with. Compliance with court orders is a prerequisite for further judicial action, and the failure to file the survey report as directed prevents the court from making any substantive progress in the matter. The firm of Kairu Mbuthia & Kiingati Advocates is therefore directed to comply with the order within seven days by lodging the survey report in court.
Court Disposition
adjourned for compliance with court order
Orders
- The firm of Kairu Mbuthia & Kiingati Advocates is directed to file the survey report in court within seven days.
- No further directions will be given until the survey report is filed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 327 OF 2002
IN THE MATTER OF THE ESTATE OF DANSON KIHOYO MUCHANO– (DECEASED)
DIRECTIONS
On 30th June 2009 Rawal J, as she was then, directed that Jane Nyambura get 0. 56 ha out of Kiambaa/Ruaka/429. Thereafter the remainder was to be divided into three portions to accord with the three houses of the deceased. It was directed that a survey be carried out.
On 29th February 2012 the court was informed that the survey had been carried out. The court directed that copies of the survey report be served on all the parties and an extra copy filed in court. When the matter was mentioned on 13th March 2012 and 27th March 2012 the said survey report had not yet been filed in court. Todate the report has been filed in court although I am expected to give directions on the way forward.
The order of Njagi J of 29th February 2012 is in very clear terms; that a copy of the survey report be filed in court. That order has not been complied with. I cannot give directions on the matter without this order being complied with. The firm of Kairu Mbuthia & Kiingati Advocates is directed to comply with the said order in the next seven (7) days by lodging the said report in court.
SIGNED DATEDandDELIVEREDin open court this 30thday of August, 2013.
W.M. MUSYOKA
JUDGE