Kariuki v Kariuki & 3 others (Probate & Administration Appeal E012 of 2024) [2025] KEHC 18628 (KLR) (16 December 2025) (Ruling)

Kariuki v Kariuki & 3 others (Probate & Administration Appeal E012 of 2024) [2025] KEHC 18628 (KLR) (16 December 2025) (Ruling)

The Memorandum of Appeal was filed out of time without leave of court and is a nullity; the High Court lacks jurisdiction to entertain the appeal or grant the reliefs sought; the Application is dismissed as the Preliminary Objection is merited.

Citation
[2025] KEHC 18628 (KLR)
Parties
Applicant/intended Appellant: Peter Chege Kariuki; 1st Respondent: Edward Warui Kariuki; 2nd Respondent: Joseph Njoroge Kariuki; 3rd Respondent: Henry Murigi Kariuki; 4th Respondent: Esther Waitherero
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 December 2025
Case Number
Probate & Administration Appeal E012 of 2024
Procedural Posture
Probate & Administration Appeal / Ruling on Preliminary Objection
Outcome
Preliminary Objection allowed; Memorandum of Appeal and Application dismissed; each party to bear own costs.
Legal Topics
Appeals Out of Time, Jurisdiction, Stay of Execution, Probate and Administration
Source Language
English
Succession Law Civil Procedure Appeals Out of Time Jurisdiction Stay of Execution Probate and Administration

Case Brief

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Parties

Peter Chege Kariuki

Applicant/intended Appellant

Edward Warui Kariuki

1st Respondent

Joseph Njoroge Kariuki

2nd Respondent

Henry Murigi Kariuki

3rd Respondent

Esther Waitherero

4th Respondent

Procedural Posture

Probate & Administration Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Memorandum of Appeal was filed out of time without leave of court
  2. 2 Whether the High Court has jurisdiction to grant the reliefs sought
  3. 3 Whether the Application amounts to an abuse of court process

Ratio Decidendi

The Memorandum of Appeal was filed out of time without leave of court and is a nullity; the High Court lacks jurisdiction to entertain the appeal or grant the reliefs sought; the Application is dismissed as the Preliminary Objection is merited.

Court Disposition

Preliminary Objection allowed; Memorandum of Appeal and Application dismissed; each party to bear own costs.

Orders

  • Respondents’ Notice of Preliminary Objection dated 15th July 2024 allowed.
  • Applicant’s Memorandum of Appeal dated 4th June 2024 and Application dated 25th June 2025 dismissed.