[2013] KEHC 6455 (KLR)
The court found that since both parties were in agreement regarding the preservation of the estate and there was no opposition to the application dated 24th October 2012, it was appropriate to allow the application. The preservation of the estate is necessary to ensure that the interests of all beneficiaries are...
Source-derived case information.
- Citation
- [2013] KEHC 6455 (KLR)
- Parties
- Applicant: Kamuyu Njiri (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1866 of 1998
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application
- Outcome
- Application dated 24th October 2012 allowed. Estate to be preserved pending hearing of revocation application.
- Judges
- DN Musyoka
- Legal Topics
- Estate Preservation, Revocation of Grant, Succession Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kamuyu Njiri (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the estate should be preserved pending the determination of the revocation application.
- 2 Whether the unopposed application dated 24th October 2012 should be allowed.
Ratio Decidendi
The court found that since both parties were in agreement regarding the preservation of the estate and there was no opposition to the application dated 24th October 2012, it was appropriate to allow the application. The preservation of the estate is necessary to ensure that the interests of all beneficiaries are protected pending the hearing and determination of the revocation application.
Court Disposition
Application dated 24th October 2012 allowed. Estate to be preserved pending hearing of revocation application.
Orders
- The application dated 24th October 2012 is allowed.
- The estate shall be preserved pending the determination of the revocation application dated 24th July 2008.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO: 1866 OF 1998
IN THE MATTER OF THE ESTATE OF KAMUYU NJIRI (DECEASED)
RULING
It would appear from the remarks of counsel for the parties to this matter, when they appeared before me on 10th April 2013, that there is consensus that the estate be preserved pending the determination of the revocation application dated 24th July 2008. The application dated 24th October 2012 is therefore not opposed.
I will allow the same. The application dated 24th July 2008 shall be granted a date for hearing at the registry as a matter of priority.
DATED, SIGNED and DELIVERED AT NAIROBI THIS 27th DAY OF June 2013.
W.M. Musyoka
JUDGE