[2020] KEHC 5268 (KLR)
The court found that the miscellaneous application had already been finalized by consent when the parties agreed to transfer Succession Cause No. 68 of 2016 Baricho (formerly Succession Cause No. 886 of 2013) to the High Court at Kerugoya. Subsequent submissions filed in the miscellaneous file were therefore...
Source-derived case information.
- Citation
- [2020] KEHC 5268 (KLR)
- Parties
- Appellant: Jane Njeri Mwangi; Respondent: Maina Mbogo; Respondent: Maary Nyambura; Respondent: Esther Muthoni
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 10 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Procedural Directions
- Outcome
- procedural directions issued; no substantive orders granted
- Judges
- LW Gitari
- Legal Topics
- Succession Procedure, Transfer of Succession Cause, Revocation of Grant
- 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 Njeri Mwangi
Appellant
Maina Mbogo
Respondent
Maary Nyambura
Respondent
Esther Muthoni
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Procedural Directions
Legal Issues
- 1 Whether the submissions filed in Misc. Succession Cause No. 10 of 2017 are properly before the court after the matter was finalized by consent.
- 2 Whether there is a valid application for revocation or annulment of grant in Misc. Succession Cause No. 10 of 2017.
- 3 What procedural steps should be taken to regularize the record and proceedings.
Ratio Decidendi
The court found that the miscellaneous application had already been finalized by consent when the parties agreed to transfer Succession Cause No. 68 of 2016 Baricho (formerly Succession Cause No. 886 of 2013) to the High Court at Kerugoya. Subsequent submissions filed in the miscellaneous file were therefore misplaced, as there was no substantive application for revocation or annulment of grant before the court in Misc. Succession Cause No. 10 of 2017. The proper procedure would have been to move the court for inclusion of the main succession cause file and to file the relevant application in that cause. The court directed the parties to take a mention date in the main succession cause to...
Court Disposition
procedural directions issued; no substantive orders granted
Orders
- Parties to take a mention date in High Court Succession Cause No. 886 of 2013 to regularize the record.
- Mention date to be taken by consent of the parties.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
MISC. SUCCESSION CASE NO. 10 OF 2017
JANE NJERI MWANGI ….......…………………………………..APPELLANT
VERSUS
MAINA MBOGO..……………………………………………1ST RESPONDENT
MAARY NYAMBURA……………………………………..2ND RESPONDENT
ESTHER MUTHONI……………………………………….3RD RESPONDENT
RULING
1. This matter was filed in this court, as a Misc. application which was seeking an order that this honorable court do order for re-transfer of case number 68 of 2016 Baricho, formally succession cause number 886 of 2013.
By consent of the parties, on 22nd August, 2017 the parties entered a consent that Succession cause number 68 of 2016 at Baricho be transferred to Kerugoya High Court as the orders sought are beyond the jurisdiction of the lower court. That High court having confirmed the grant in the matter, power to revoke the confirmed grant rest with it and not the lower court.
2. On 12th November, 2018 the parties agreed to proceed by way of written submission, the problem is that the parties proceeded to file submissions in this Miscellaneous application which had already been finalized, once the parties recorded a consent to re-transfer case number 68 of 2016 Baricho, formally succession cause No. 886 of 2013 Kerugoya High Court to this court.
3. All the submissions have been filed in this Misc. File No .10. of 2017, which has no record of the lower court including summons for revocation of grant dated 20th August, 2013. The applicant should have moved the court or made an application for the Succession cause file No. 886 of 2013 to be included in this proceeding, as there is no application for revocation/annulment of grant, in Misc. Succession Cause No. 10 of 2017.
4. In the circumstances I direct that the parties do take a mention date in the High Court Succession cause No. 886 of 2013. So that the record can be put in order. The parties to take a mention date by consent.
Dated at Kerugoya this 29th Day of May 2020.
L.W. GITARI
JUDGE