[2005] KEHC 2776 (KLR)
The court found that the petitioners had failed to comply with the Registrar's directions to personally serve citations on all parties with priority, which is a mandatory procedural requirement in succession matters. However, rather than striking out the petition immediately, the court exercised discretion to grant...
Source-derived case information.
- Citation
- [2005] KEHC 2776 (KLR)
- Parties
- Applicant: Solomon Wambu Watatua; Respondent: Arthur Watatua; Respondent: Rahab Ng’endo Gathama
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 1348 of 1999
- Procedural Posture
- Succession Cause / Ruling on Directions
- Outcome
- conditional order with opportunity to comply; petition stands dismissed if directions not met within 30 days
- Judges
- FI Koome
- Legal Topics
- Probate and Administration, Grant of Letters of Representation, Service of Citations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Wambu Watatua
Applicant
Arthur Watatua
Respondent
Rahab Ng’endo Gathama
Respondent
Procedural Posture
Succession Cause / Ruling on Directions
Legal Issues
- 1 Whether the petition should be struck out for want of prosecution.
- 2 Whether failure to serve citations personally on all parties with priority warrants dismissal of the petition.
- 3 Whether the petitioners have locus standi to file the petition.
Ratio Decidendi
The court found that the petitioners had failed to comply with the Registrar's directions to personally serve citations on all parties with priority, which is a mandatory procedural requirement in succession matters. However, rather than striking out the petition immediately, the court exercised discretion to grant the petitioners a final opportunity to comply within thirty days. The court held that if the petitioners failed to serve the citations and pay the requisite fees within the stipulated period, the petition would stand dismissed. This approach balanced the need for procedural compliance with the interests of justice, allowing the petitioners a last chance to regularize the...
Court Disposition
conditional order with opportunity to comply; petition stands dismissed if directions not met within 30 days
Orders
- Petitioners to personally serve citations on all parties with priority within thirty (30) days from the date hereof.
- Upon proper service and payment of requisite fees, the Registrar shall cause the petition to be published in the Kenya Gazette.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO.1348 OF 1999
IN THE MATTER OF ESTATE OF WATATUA KIBERE (DECEASED)
RULING ON DIRECTIONS
The Applicant, Solomon Wambu Watatua filed the summons dated 8th December 2003, seeking for the orders to strike out the petition which was filed on 23rd June 1999 by Arthur Watatua and Rahab Ng’endo Gathama for want of prosecution. The Applicant has also sought for an alternative prayer that the same petition be struck out for being an abuse of the process of the court.
I have read the grounds upon which this application is predicated as well as the supporting affidavit by the applicant. This petition was filed by Arthur Watatua and Rahab Ng’endo Gathama in June 1999. They listed several persons who were entitled to the grant of letters of representation including the Applicant in the same priority as themselves.
The Registrar directed that the persons having priority be served with citations. The citations were not personally served upon Winnie Watatua, Carol Watatua and David Watatua and the Registrar directed that all parties be served personally. That was on 31st August 2000. No action was taken by the petitioner and hence the application to strike out the petition.
Apart from the grounds advanced to strike out the petition for want of prosecution the other grounds advanced by the applicant to wit that the Applicants have no locus standi in law are suitable ground of objection.
I am inclined to give the petitioners the last chance within which to comply with the directions given by the Registrar on 31st August 2000 and ensure that all the parties cited are duly served with the citations within a period of thirty (30) days from the date hereof. Upon proper service after 30 days and payment by the petitioner of the requisite fees, the Registrar shall cause the petition to be published in the Kenya Gazette. Failure to comply with these directions the petition shall stand dismissed.
It is so ordered.
MARTHA KOOME
JUDGE