[1998] KEHC 275 (KLR)
The court found that the dismissal of the application was not on the merits but for want of attendance. Given the explanations provided by the applicant's advocate and the importance of determining succession matters on their merits, the court exercised its discretion to reinstate the application. The court also...
Source-derived case information.
- Citation
- [1998] KEHC 275 (KLR)
- Parties
- Applicant: John Muchai Ngugi; Respondent: Margaret Ngugi; Respondent: Peter Karanja Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2593 of 1996
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement After Dismissal for Non Attendance
- Outcome
- application reinstated with costs to the respondents
- Legal Topics
- Succession, Reinstatement of Application, Dismissal for Non Attendance
- 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
John Muchai Ngugi
Applicant
Margaret Ngugi
Respondent
Peter Karanja Kamau
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement After Dismissal for Non Attendance
Legal Issues
- 1 Whether the application dismissed for non-attendance should be reinstated.
- 2 Whether the applicant has provided sufficient reasons for non-attendance.
Ratio Decidendi
The court found that the dismissal of the application was not on the merits but for want of attendance. Given the explanations provided by the applicant's advocate and the importance of determining succession matters on their merits, the court exercised its discretion to reinstate the application. The court also considered that parties should be given an opportunity to be heard, especially in matters involving the estate of a deceased person. However, the applicant was ordered to pay the costs of the reinstatement application as a condition for the reinstatement.
Court Disposition
application reinstated with costs to the respondents
Orders
- The application is reinstated for hearing.
- Parties to take hearing dates in the registry.
Full Case Text
Judgment text and source record
4 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2593 OF 1996
IN THE MATTER OF THE ESTATE OF GEORGE NGUGI MUCHAI JOHN MUCHAI NGUGI...........................................................APPLICANT/OBJECTOR VERSUS MARGARET NGUGI..................................................1ST RESPONDENT PETER KARANJA KAMAU.....................................2ND RESPONDENT R U L I N G This is an application to reinstate the application which was dismissed for want of attendance. I have gone through the affidavits sworn by the both parties. An application dismissed for non attendance is not decided on merit. The reasons given by the advocate for the applicant for not attendance together with the facts that this matter concerns the estate of a deceased person makes me believe that the parties should be able to be heard on merit. Accordingly the application is hereby reinstated for parties to take hearing dates in the registry but the applicants shall pay the costs of this application. Orders accordingly. Dated and delivered at Nairobi this 31st day of July, 1998 A . MBOGHOLI MSAGHA JUDGE