[2012] KEHC 4399 (KLR)
The court held that the succession cause was fully concluded upon the confirmation of the grant and transfer of the estate to the beneficiaries. Any subsequent disputes between the parties, who are siblings, do not fall within the purview of the succession court and should be addressed before other appropriate...
Source-derived case information.
- Citation
- [2012] KEHC 4399 (KLR)
- Parties
- Applicant: John Mwangi Gichere; Respondent: Joseph Karaku
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 76 of 2009
- Procedural Posture
- Succession Cause / Ruling on Completion of Succession Proceedings
- Outcome
- Succession cause concluded; parties directed to seek other forums for further disputes.
- Judges
- CM Njagi
- Legal Topics
- Succession, Grant Confirmation, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwangi Gichere
Applicant
Joseph Karaku
Respondent
Procedural Posture
Succession Cause / Ruling on Completion of Succession Proceedings
Legal Issues
- 1 Whether any further issues remain for determination under the succession cause after confirmation of grant and transfer of land to beneficiaries.
- 2 Whether the ongoing disputes between the parties fall within the jurisdiction of the succession court.
Ratio Decidendi
The court held that the succession cause was fully concluded upon the confirmation of the grant and transfer of the estate to the beneficiaries. Any subsequent disputes between the parties, who are siblings, do not fall within the purview of the succession court and should be addressed before other appropriate authorities or courts. The court emphasized that it is now functus officio regarding the estate and directed the parties to seek alternative forums for their ongoing disputes.
Court Disposition
Succession cause concluded; parties directed to seek other forums for further disputes.
Orders
- The succession cause is declared completed and no further action will be taken by this court.
- The parties are directed to refer any further disputes to the appropriate authorities or courts.
Full Case Text
Judgment text and source record
11 paragraphs
IN THE MATTER OF THE ESTATE OF JOHN MWANGI GICHERE AND ELIZABETH WAIRIMU GICHERE
JOHN MWANGI GICHERE …….......…….… APPLICANT/PETITIONER
VERSUS
JOSEPH KARAKU …………...…...………. RESPONDENT/OBJECTOR
DIRECTIONS/RULING
I have combed this file inside out and in the process I have also considered this matter carefully. In the process, I note that as far as the Succession Cause is concerned, the record is clear that a grant was issued, confirmed, and the beneficiaries had the land transferred in their names.
In the circumstances, the succession limb is completed and nothing remains for this Court to do in respect thereof. The running battles between the Applicant and the Respondent in this matter, who are blood brothers, do not belong to the field of succession anymore and ought to be referred to other appropriate authorities and/or Courts for necessary action.
The parties are accordingly directed and should also heed their mother’s homily in her notes, which she referred to as a letter, dated 14th January, 2007.
DATED and DELIVERED at NAIROBI this 29th day of February, 2012.
L. NJAGI
JUDGE