[2015] KEHC 4607 (KLR)
The court held that since John Njuguna Kimunya, the original applicant, is deceased and James Gathu Njuguna has obtained limited grant of representation specifically to act in these proceedings, he is entitled to be substituted as the applicant in the summons for revocation. The court found no genuine opposition to...
Source-derived case information.
- Citation
- [2015] KEHC 4607 (KLR)
- Parties
- Applicant: James Gathu Njuguna; Applicant: John Njuguna Kimunya (deceased); Respondent: Unnamed Respondent(s)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 251 of 2010
- Procedural Posture
- Succession Cause / Ruling on Substitution Application
- Outcome
- application for substitution allowed
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Substitution of Parties, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gathu Njuguna
Applicant
John Njuguna Kimunya (deceased)
Applicant
Unnamed Respondent(s)
Respondent
Procedural Posture
Succession Cause / Ruling on Substitution Application
Legal Issues
- 1 Whether James Gathu Njuguna should be substituted as applicant in the summons for revocation dated 12th February 2010.
- 2 Whether there is any genuine opposition to the substitution application.
Ratio Decidendi
The court held that since John Njuguna Kimunya, the original applicant, is deceased and James Gathu Njuguna has obtained limited grant of representation specifically to act in these proceedings, he is entitled to be substituted as the applicant in the summons for revocation. The court found no genuine opposition to the application for substitution, as the respondent's affidavit did not address the core issue. Accordingly, the application for substitution was allowed, and costs were awarded to the applicant due to the lack of substantive opposition.
Court Disposition
application for substitution allowed
Orders
- James Gathu Njuguna is substituted as applicant in the summons for revocation dated 12th February 2010.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 251 OF 2010
IN THE ESTATE OF KIMUNYA MBUTU GICHIRI alias KIMUNYA MBUTU (DECEASED)
RULING
1. The summons dated 28th February 2014 seeks the substitution of John Njuguna Kimunya as applicant in the Summons for Revocation dated 12th February 2010. The said application is brought at the instance of James Gathu Njuguna, who seeks to take the place of John Njuguna Kimunya in the summons for revocation.
2. It is not disputed that the said John Njuguna Kimunya is dead. It is also not disputed that representation to his estate has been obtained by James Gathu Njuguna, although limited to the latter representing the deceased in these succession proceeding and in High Court ELC No. 12 of 2010.
3. I have noted the lengthy affidavit sworn by the respondent in reply to the application. However, the issues raised in the reply are not germane to the matter at hand – the substitution of the applicatant in the summons for revocation dated 12th February 2010. I am of the view that there is no genuine opposition to the application dated 28th February 2014.
4. I therefore do hereby allow the said application of 28th February 2014. As the opposition to it was pointless, I award costs of the application to the applicant.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OF MAY, 2015.
W. MUSYOKA
JUDGE
In the presence of ……………………. advocate for the applicant.
In the presence of …………………. advocate for the respondents.