[2010] KEHC 2081 (KLR)
The court found that the application to strike out the appeal and record of appeal was merited because the respondent failed to oppose the application or clarify her position. The absence of pleadings in the record of appeal and the lack of opposition indicated that the appeal was improperly filed and served only to...
Source-derived case information.
- Citation
- [2010] KEHC 2081 (KLR)
- Parties
- Applicant: James Njuguna & Seven Others; Respondent: Teresia Wangari Muiruri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 52 of 2006
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons to Strike Out Appeal
- Outcome
- Application allowed; appeal and record of appeal struck out.
- Legal Topics
- Succession Proceedings, Striking Out Appeal, Estate Distribution
- 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
James Njuguna & Seven Others
Applicant
Teresia Wangari Muiruri
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons to Strike Out Appeal
Legal Issues
- 1 Whether the appeal and record of appeal should be struck out for lacking pleadings and being filed to delay distribution of the estate.
Ratio Decidendi
The court found that the application to strike out the appeal and record of appeal was merited because the respondent failed to oppose the application or clarify her position. The absence of pleadings in the record of appeal and the lack of opposition indicated that the appeal was improperly filed and served only to delay the distribution of the deceased's estate. The court exercised its discretion to allow the application and struck out the appeal, emphasizing the need for expeditious resolution in succession matters and the avoidance of unnecessary delays in the administration of estates.
Court Disposition
Application allowed; appeal and record of appeal struck out.
Orders
- Prayer 1 of the application is granted; the appeal and record of appeal are struck out.
- Each party to bear their own costs of the application.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 52 of 2006
JAMES NJUGUNA & SEVEN OTHERS……………………………. APPLICANT
V E R S U S
TERESIA WANGARI MUIRURI …………………. RESPONDENT/APPLICANT
R U L I N G
This is a Chamber Summons dated 15th July, 2009 filed by Ngala Morara & Company advocates for the applicants JAMES NJUGUNA & 7 OTHERS.The respondent is named as TERESIA WANGARI MUIRURI.It is an application for striking out an appeal and record of appeal filed in this court.
The grounds of the application are, inter alia, that the appeal was merely filed to delay distribution of the estate of the deceased.It is also a ground that the record of appeal filed does not contain any pleadings.
The application is not opposed.On the hearing date only Mr. Ngala for the applicants appeared in court, and addressed me.
Having considered the application, which is not opposed, I find that the application has merits.If the respondent wanted to oppose the application she would have filed his response, at least to clarify the position she did not.I therefore allow the application and grant prayer 1. As this appears to be a family matter and the application was not opposed, I order that the applicants bearstheir own costs of the application.
Dated and delivered at Nairobi this 4th day of March, 2010.
George Dulu
Judge.