[2013] KEHC 4847 (KLR)
The court found that the application dated 14th January 2010 was argued by error, as the correct application for argument was that dated 21st September 2010. In light of this procedural confusion, and following the earlier ruling by Njagi J., the court determined that there was nothing to rule on regarding the...
Source-derived case information.
- Citation
- [2013] KEHC 4847 (KLR)
- Parties
- MISSING: Esther Wangui Macharia (Deceased); Applicant: Mr. Kinuthia; Respondent: Mr. Kinyanjui; Respondent: Mr. Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2767 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application for Directions
- Outcome
- No ruling issued on the application dated 14th January 2010; matter to be fixed for mention for further directions.
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Estate Management, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Wangui Macharia (Deceased)
MISSING
Mr. Kinuthia
Applicant
Mr. Kinyanjui
Respondent
Mr. Njoroge
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Directions
Legal Issues
- 1 Whether the application dated 14th January 2010 was properly before the court for determination.
- 2 Whether the court should issue a ruling on an application argued by error.
Ratio Decidendi
The court found that the application dated 14th January 2010 was argued by error, as the correct application for argument was that dated 21st September 2010. In light of this procedural confusion, and following the earlier ruling by Njagi J., the court determined that there was nothing to rule on regarding the application of 14th January 2010. The matter should instead be fixed for mention for further directions as previously ordered.
Court Disposition
No ruling issued on the application dated 14th January 2010; matter to be fixed for mention for further directions.
Orders
- There is nothing to rule on regarding the application dated 14th January 2010.
- The matter should be fixed for mention as directed by Njagi J. on 22nd November 2012 for further directions.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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IN THE MATTER OF THE ESTATE OF ESTHER WANGUI MACHARIA – (DECEASED)
RULING
When this matter was placed before me on 28th January 2013, I was of the view that counsel were seeking a ruling date on the application dated 14th January 2010. The record reflects that Mr. Kinuthia urged the application dated 14th January 2010, but instead of Mr. Kinyanjui replying he applied for an adjournment on the grounds that Mr. Njoroge, whose brief he was holding, was engaged in another court. The court then reserved the matter for ruling.
Ultimately, the court did not rule on the application dated 14th January 2010. In his ruling dated 22nd November 2012, Njagi J. noted that the summons be should have been argued on 11th July 2012 was that dated 21st September 2010 and not that dated 14th January 2010. His Honour then decided not to rule on the summons of 14th January 2010 owing to that confusion.
The position therefore is that the application dated 14th January 2010 was argued by error. There is therefore nothing to rule on. This matter should be fixed for mention as directed by Njagi J on 22nd November 2012 for further directions.
DATED, SIGNED and DELIVERED at NAIROBI this 7th DAY OF MARCH, 2013.
W. M. MUSYOKA
JUDGE